NIRMALA Vs. SHIVAJI

JUDGEMENT

(1.) THIS Civil Revision Petition under section 18 of the Karnataka Small causes Courts Act, is directed against the judgment and decree dated 20-2-2004 passed in SC No. 62 of 1995, on the file of the Civil Judge (Sr. Dn.), jamkhandi, whereby the learned trial judge has dismissed the suit filed by the petitioner, a suit for recovery of a sum of Rs. 22,000/- based on the pronote said to have been executed by the respondent-defendant on 19-12-1992.

(2.) AGGRIEVED by the dismissal of the suit, the petitioner-plaintiff is before this Court contending, inter alia, that the learned trial Judge erred in dismissing the suit; that the suit could not have been dismissed in the wake of a clear admission by the defendant about the execution of the document; that the defendant having himself admitted signing of the pronote and a presumption available under section 118 of the Negotiable instruments Act, 1881 [for short, the Act], operated in favour of the plaintiff and the learned Trial Judge should have decreed the suit; that the dismissal of the suit is not tenable in law and the judgment and decree impugned calls for revision and the suit decreed in favour of the plaintiff.

(3.) THE case of the plaintiff before the court below was that the plaintiff had advanced a sum of Rs. 22,000/- on the date of pronote; that the defendant who had promised to repay the amount on demand had failed to pay the same; that a legal notice had been caused in this regard calling upon the defendant to make good the amount, which was returned by the postal authorities and therefore it became inevitable for the petitioner-plaintiff to file the present suit for recovery of amount.