VADDADI VENKATASWAMI Vs. HANURA NOOR MAHAMMAD BEEGUM
HIGH COURT OF ANDHRA PRADESH
HANURA NOOR MAHAMMAD BEEGUM
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(1.) The defendant has brought this second appeal against the judgment of the Subordinate Judge of Srikakulam confirming that of the District Munsif of Rajam.
(2.) The plaintiff instituted a suit in the Court of the District Munsif of Rajam on the basis of a promissory note executed by the defendant on 8th May, 1946, in favour of her husband, -claiming to be an assignee of the promissory note from the latter. The consideration for this promissory note is the amount due under a contract entered into between her husband and the defendant on 12th October, 1945, for the supply of 400 bags of groundnut. It was made up of Rs. 1,000, being the balance of the advance received by the defendant, and a sum of Rs. 920 being the difference between the then market rate and the price at which the goods were agreed to be sold. The plaintiff became entitled to the suit promissory note by virtue of a settlement deed executed by her husband in her favour under which all his assets were transferred to her. The suit was resisted mainly on two defences, (1) that the contract upon which the suit promissory note was founded was hit at by the Oil Seeds (Forward Contract) Prohibition Order of 1943, and therefore the consideration for the promissory note had failed, and secondly that as the suit promissory note was not endorsed in favour of the plaintiff, she could not maintain a suit on the promissory note. The trial Court decreed the suit negativing both the objections and it was confirmed, on appeal, by the Subordinate Judge.
(3.) In support of this appeal filed by the aggrieved defendant against that judgment, the pleas which were unsuccessfully put forward before the Courts below have again been raised. I will first take up the argument based on the Oil Seeds (Forward Contract) Prohibition Order of 1943. Section 3 of that Ordinance prohibits forward contracts by enacting "No person shall after the specified date for any classof oil seeds enter into any forward contract in any of those oil seeds".;
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