Appeal Granted in Promissory Note Dispute

The plaintiff appealed a decree over a promissory note dispute, claiming Rs. 5,350 while the defendant argued only Rs. 3,750 was received. The defendant deposited Rs. 4,600 without notifying the plaintiff. The court found the actual amount advanced was Rs. 3,750, accepting the defendant's evidence. An oral agreement to vary the interest rate was deemed inadmissible. The plaintiff was awarded Rs. 4,853, including interest and costs. The plaintiff's appeal was allowed, modifying the decree in their favor, with interest directed on the difference between the recovered amount and deposit at a reduced rate until payment.

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Issues:
1. Dispute over the amount due under a promissory note.
2. Failure to notify plaintiff of the amount deposited in court.
3. Discrepancy in the amount advanced as per promissory note.
4. Admissibility of evidence regarding oral agreement to vary interest rate.
5. Calculation of interest on the principal sum.

Detailed Analysis:
1. The plaintiff appealed a decree by the Subordinate Judge of Agra regarding a sum due under a promissory note. The plaintiff claimed Rs. 5,350 as principal and interest, while the defendant argued that only Rs. 3,750 was received. The defendant later deposited Rs. 4,600 in court, but the plaintiff was not notified. The plaintiff did not take the money out of court, and the decree was passed without his knowledge.

2. The Subordinate Judge found that the actual amount advanced was Rs. 3,750, not the Rs. 4,200 stated on the note. The defendant successfully proved receiving a lesser amount. The plaintiff failed to produce documentary evidence supporting his claim, leading the court to accept the defendant's version of the transaction. The defendant also claimed a reduction in the interest rate, which the court found inadmissible under the Evidence Act.

3. The court held that evidence of the oral agreement to vary the interest rate was inadmissible as it contradicted the terms of the promissory note, which required a written agreement for any modifications. The plaintiff was entitled to interest at the agreed rate from the date of the note to the decree date.

4. The defendant offered to pay Rs. 4,600 based on a lower interest rate, which the plaintiff rightfully refused. The court determined that the plaintiff was entitled to Rs. 3,750 principal amount and interest at the agreed rate until the hearing date. The final decree awarded the plaintiff Rs. 4,853, including interest on the difference and costs.

5. The plaintiff was not entitled to further interest on the deposited amount as he failed to claim it earlier. The court directed interest on the difference between the recovered amount and the deposit at a reduced rate until payment. The plaintiff's appeal was allowed, and the decree was modified in favor of the plaintiff.

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