Benode Behari Patra vs Janki Kalwar

Fletcher, J.—This is a Rule calling upon the opposite party to show cause why the judgment and decree complained of should not be set aside. The plaintiff sued the defendant in the Small Cause Court to recover the sum of Rs. 40 which, it is alleged, had been advanced to him on a hand-note with interest. The learned Judge has found that the story of the hand-note is untrue. He also has found that the story of the defendant that he did not borrow any money is equally untrue. The real fact is, he says, that the plaintiff advanced to the defendant the sum of Rs. 30, and not Rs. 40, without any agreement as to the payment of interest. Speaking for myself, I am inclined to think that the learned Judge was wrong in finding that, because, so far as my experience goes, the people in this country who lend out money do not do so without any interest. People who carry on business of this sort always take good care for the stipulation of interest and, not uncommonly, interest at a very high rate. The learned Judge has found that the plaintiff advanced to the defendant the sum of Rs. 30 and he has adopted this course, namely, he has held that the plaintiff having claimed Rs. 40 with interest and having failed to prove the advance of Rs. 40, is entitled to recover nothing. Obviously this cannot be supported. The learned Judge ought to have entered judgment in favour of the plaintiff for the amount that he has found to have actually been advanced by the plaintiff to the defendant and that amount, according to his judgment, is Rs. 30 without any interest. I think we must enter judgment for the plaintiff for Rs. 30 with interest thereon at six pre cent. per annum from the date when the suit was dismissed by the learned Judge of the Court of Small Causes, that is the 19th of December last, up to realization. The defendant must pay the costs of this Rule to the plaintiff. We assess the hearing fee at one gold mohur. As both parties have been guilty of adducing false evidence before the learned Judge of the Court below, we make no order as to the costs in that Court.

Teunon, J.

I agree.