CHAMAN LAL Vs. HIRA LAL

JUDGEMENT

(1.) This application is for the revision of the order passed by the Judge, Small Cause Court, Meerut, on the 27 of April, 1927.

(2.) It appears that the defendant, who is the applicant before this Court, was sued on foot of a promissory note by the respondent. The promissory note recited that on settlement of a certain account, a sum of Rs. 300 was found due by the defendant and he was accordingly giving the promissory note to secure the said amount. The defendant, in his defence, wanted to prove that at the date of the settlement of account there was a sum of Rs. 500 outstanding against him. His case was that he had deposited in the plaintiff's treasury a sum of Rs. 500 but the payment could not be traced. It was accordingly arranged that after allowing a set off of Rs. 200 due to the defendant, the latter should execute the promissory note for Rs. 300. It was further agreed that in case the payment of the aforesaid, sum of

(3.) Rs. 500 was established, the plaintiff would be exonerated from his liability on the promissory note. The defendant sought to substantiate his plea, viz., the sum of Rs. 500 had beep subsequently traced and that, therefore, his liability on the promissory note ceased.