Orissa Court June 1966 Judgments
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Gadadhar Samantaray Vs. Damo Behera and anr.
Court: Orissa
Decided on: Jun-30-1966
Reported in: AIR1966Ori230
S. Barman, Ag. C.J.1. This appeal arises out of plaintiff's claim on a promissory note dated July 11, 1954 for a sum of Rs. 112-8-0 which was rejected by the Courts below mainly on the finding that the plaintiff's claim on the basis of the suit promissory note Ext. 2 is not maintainable for the reasons discussed hereunder.2. The facts so far as material for the purpose of deciding the point in this appeal are briefly stated these: On July 11, 1954 the defendants executed the suit promissory note Ex. 2 for Rs. 112-8-0 in favour of one Bhikari Dalai. On April 20, 1962 the said Bhikari Dalai transferred the suit promissory note Ext. 2 in favour of the plaintiff after receiving a consideration of Rs. 220 and after making an endorsement thereon Ex. 2/c; the signature of the said Bhikari Dalai on the suit promissory note is Ext. 2/d. The plaintiff brought a suit against the defendants including therein his claim on the suit promissory note Ext. 2. The suit was contested by defendant No. 1 th...
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