(1.) The simple question that is agitated in this Original Petition filed by the defendant is whether the document on the basis of which the respondent filed the suit is a promissory note or bond. In the affidavit filed by him in lieu of his examination -in -chief in the Trial Court the petitioner sought to get it marked as a promissory note. The petitioner filed an objection to it. The Court after hearing both parties held that it is a promissory note. The document carries the label promissory note. The essential recitals in it are as follows:
(2.) Promissory note is defined in Sec. 4 of the Negotiable Instruments Act as follows:
(3.) The definition of bond is seen in Sec. 2(a) of the Kerala Stamp Act. Bond includes - -