SANTISHWAR MAHANTA Vs. LAKHIKANTA MAHANTA

JUDGEMENT

(1.) The main question, which arose for determination in the suit, out of which this, appeal arises and which has been considered at the hearing of the present appeal, is whether the claim of the plaintiff to recover the balance of the money due on the bond was barred by limitation or not.

(2.) The plaintiff, to support his contention that the claim is not barred, has relied on an endorsement of payment made on the 80 Chait 1309 B.S.,by the defendant of the sum of Rs. 53. The body of that endorsement was admittedly not in the handwriting of the debtor, and the question, which was raised and discussed in the Courts below, was whether the signature on that endorsement was in his handwriting or not.

(3.) The Court of first instance held that the signature was a forgery, that the endorsement was a forged endorsement, and that the plaintiff was not entitled to rely on it in order to save his claim from being barred by limitation.