PADMANABHA PILLAI CHELLAPPAN PILLAI Vs. OUSEPH DEVASSIA

JUDGEMENT

(1.) The defendant is the appellant. This second appeal arises out of a suit for recovery of a sum of Rs. 2,000/- on the basis of Ext. P-1 dated 23 4 1954 alleged to have been written by the appellant in favour of the respondent. The appellant denied the execution of Ext. P-1 and also denied having received any amount from the respondent under Ext. P-1. The learned Munsiff holding that Ext. P-1 is not genuine dismissed the suit. The learned additional District Judge, Trivandrum, decreed the suit.

(2.) The appellant who was examined as Dw. 1 in the Trial Court was recalled and examined by the appellate court as a court witness and that evidence was also taken into consideration by the appellate Judge in decreeing the suit.

(3.) The learned appellate Judge stated the reasons for recalling dw. 1 as a court witness and examining him in the judgment under appeal thus: