GOBINDA KUMAR SUR Vs. RAM CHANDRA BHATTACHARJEE

JUDGEMENT

(1.) The question raised in this case is whether the suit is barred by limitation.

(2.) The suit was based upon two hundis payable in 30 days from the date of execution, and was brought more than three years from the data of the hundis but within three years from the expiry of the one month within which the hundis were payable. The hundis were not properly stamped and were, therefore, inadmissible in evidence.

(3.) The Court below held that although the hundis were inadmissible in evidence, the plaintiff was entitled to sue on the original consideration and further that the plaintiff was entitled to prove by oral evidence the conditions under which the money was repayable by the debtor.