MOHD. MUBARAK Vs. MOHD. AZAM

JUDGEMENT

(1.) C.M. Appl No. 17181/2010 (for exemption)

(2.) THIS second appeal has impugned the judgment and decree dated 03.08.2010 which had endorsed the finding of the trial judge dated 30.07.2009 dismissing the suit of the plaintiff. The plaintiff filed a suit for recovery in the sum of Rs. 80,000/ - based on a document exhibit PW 1/A. The trial judge had framed a single issue which inter alia reads as follows:

(3.) THE first appellate court had re -appreciated these facts which had been gone into an in -depth detail by the trial judge. The impugned judgment had also noted that the testimony of PW -1 was suspect; contradictions in the version of PW 3, the Notary Public, had also been noted.