BARIN GHOSH, J. - (1.) IN this suit, the plaintiff seeks to recover a sum of Rs. 1,41,049,88, interim interest and interest on judgment at the rate of 18% per annum and costs of the suit from the defendant. Despite service of the writ of summons upon the defendant he has not appeared in the suit, nor has contested the same. In the premises, I could pass a decree in favour of the plaintiff under Order 8 Rule 5 of the Code of Civil Procedure, 1908, but having regard to the principal document sued upon and the nature of pleadings, I asked the plaintiff to prove his claim. Accordingly, the plaintiff deposed and tendered documents in evidence.
(2.) IT is the case of the plaintiff that on 16th December, 1987, the proforma defendant lent and advanced to the defendant a total sum of Rs. 70,000/- on nine hundies repayable on the expiry of 180 days therefrom together with interest at the rate of 18% per annum. Those hundies were accepted by the plaintiff. On the maturity i.e., on 14th June, 1988, despite presentation of the said hundies the defendant dishonoured the same by non-payment. The plaintiff and the proforma defendant made several demands for payment but the defendant refused to pay. On 16th February, 1990 a statement of account in respect of the said sum of Rs. 70,000/- together with interest thereon was settled between the parties and on the same date the plaintiff as acceptor of the said hundies and in discharge of his obligation thereunder paid to the proforma defendant the principal sum of Rs. 70,000/- and thereafter on 28th February, 1990, the plaintiff paid a further sum of Rs. 13 13,000/- and ultimately on 31st March, 1990 paid another sum of Rs. 30,000/- to the proforma defendant on account of interest accrued in respect of the said sum of Rs. 70,000/-. The plaintiff thus claims reimbursement of the principal sum of Rs. 70,000/- and interest thereon Rs. 43,050/- aggregating to Rs. 1,14,050/- together with interest thereon at the rate of 18% per annum from Ist April 1990 till 15th August, 1990 quantified at Rs. 27,979.88 and thus the plaint claim stood at Rs. 1,41,029.88. The plaintiff has tendered in his evidence the subject nine hundies, the text whereof is as follows :- "180 days above without grace I promise to pay to Mr. Jayantilal Joshi, 32, G.P. Mukherjee Road, Calcutta-700 025 a sum of Rs............... (..........) only on order for value recelved in cash bearing an interest @ 18% per annum."
(3.) ON each of the hundies on the right hand side the defendant has signed and on the left hand side the plaintiff has signed.;