SOBHALAL Vs. SYED NAZIM HUSSAIN

JUDGEMENT

(1.) THIS is an appeal by the plaintiffs against the judgment and decree of the learned Senior Civil Judge, Tonk in a suit for the recovery of Rs. 500/- principal and Rs. 85. 3. 9 interest. The suit was filed in the court of the Munsif, Uniara on the 11th of July, 49.

(2.) ACCORDING to the plaint, the defendant Syed Nazim Hussain had purchased barley of the value of Rs. 1,700/- from the plaintiff Fatehlal in July, 1947 and out of this the defendant had paid Rs. 1,200/- to him and Rs. 500/- remained due from the defendant. In Feb. 1948 when the plaintiff Fatehlal made a demand for the above balance, the defendant wrote a letter dated the 22nd of February, 1948 to Chhitarlal of Uniara requesting him to pay a sum of Rs. 500/- to Madankumar the son of the plaintiff Fatehlal. As no amount was due from Chhitarlal to the defendant, the former declined to make any payment to the plaintiff through Madankumar. The plaintiff Fatehlal therefore, prayed for a decree for a sum of Rs. 500/- with Rs. 85*3-0 interest at the rate of 12% per annum.

(3.) IT is to be noted that the defendant himself did not plead in his written statement that the document in question was a bill of exchange and consequently it was inadmissible for want of payment of stamp duty and the suit could not be maintained as no notice of dishonour was given.