METI VEERAPPA Vs. GURNBASAPPA

JUDGEMENT

(1.) THIS is a revision petition filed by the Petitioner -Plaintiff against the order of the learned Munsiff of Sagar, on I. A. No. 1 in O.S. No. 183 of 1954 refusing to delete the first issue trained in the suit.

(2.) THE facts that have given rise to this petition are briefly as follows:

(3.) ON these' pleadings, the learned Munsiff framed the unknowing issues: (1) Whether the suit pronote was executed by the Defendant in discharge of another pronote datecLyf7 -ll -50 as alleged by the Plaintiff? (2) Whether the suit pronote is supported by sedation to the extent of Rs, 600/ - only added by the Defendant? (3) Whether the plea of discharge of Rs. 636/ -in full satisfaction of the suit pronote is true? (4) To what reliefs, If any, arc the plaintiff entitled? The Plaintiff made an application under Order 14, Rule 5, Code of Civil Procedure contending that the first issue was unnecessary in view of the admission of execution of the suit pronote by the Defendant and that the same should be deleted. This application was opposed by the Defendant and the learned Munsiff dismissed this implication and as against that order, the revision petition is filed.