Allahabad Court April 1933 Judgments

Kundan Lal Vs. Nathu

Court: Allahabad

Reported in: AIR1933All600

Mukerji, J.1. This is a reference by the learned Judge, Small Cause Court of Jhansi, in the following circumstances : The plaintiff, Kundan Lal, sued the defendant, Nathu, for recovery of a sum of Rs. 137-12-0 on foot of a promissory-note dated 31st May 1929, executed for Rs. 82. The defendant put up two defences. One was that the real holder of the promissory-note was not Kundan Lal but his master, Ram Prasad, and that the defendant had been discharged from insolvency and that therefore the suit was not maintainable.2. The learned Judge found that there was no evidence before him to prove that Kundan Lal was not the real holder of the promissory note but his toaster was. Then the learned Judge proceeded to consider the effect of Nathu having been declared an insolvent and subsequently discharged but finding himself unable to come to a clear decision he referred the matter to us. The question has been formulated as-follows: How does the fact of the defendant being a discharged insolven...