1939 (8) TMI 35

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e first defendant. The trial Court has disbelieved the plaintiff's case against the first defendant. The finding of the trial Court is recorded in these terms: I find disbelieving the evidence on behalf of plaintiff that the arrangement set up by plaintiff with reference to the suit pronote, Ex. B is not true, that first defendant had nothing to do with it, that she was not a trustee in res .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e learned Advocate for the plaintiff-petitioner. He relies upon the decisions reported in Surajman Prasad Misra v. Sadanand Misra I.L.R (1932) 11 Pat. 616, Sewa Ram v. Hoti Lal I.L.R (1930) 53 All. 5, Brojo Lal Saha Banikya v. Budh Nath Pyarilal and Co. I.L.R (1927) 55 Cal. 551 and argues that, although a valid discharge in respect of a promissory note can be given only by the payee or the holder .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... trictly construed and that a valid discharge can be given only by the payee of a promissory note or the holder thereof, there being no such thing for this purpose as a benami promissory note taken in the name of one person but really meant for the benefit of another. In these circumstances especially in view of the frame of the suit I am not satisfied that the decision of the trial Court is wrong. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X