1939 (8) TMI 35

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....cuted by the second defendant in favour of the 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 d....

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....ing of the trial Court is attacked by the 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 b....