JASHBHAI MOTIBHAI PATEL Vs. HASMUKHBHAI RAVJIBHAI PATEL

JUDGEMENT

(1.) In a case under this Revision Application the learned Judge trying a Summary suit surprisingly has undertaken an exercise of comparing the alleged signature of the defendant on the suit promissory note (which itself has been counter-challenged by the defendant to he false forged and fabricated) alongwith that of yet another signature of the defendant made on the Vakalatpatra filed by him in order to decide as to whether both these signatures were identical and made by the same and very author viz. the defendant without raising any triable issue thereupon and permitting the defendant to lead any evidence to prove his defence. Can this ever be done is a short question which is being dealt with and answered in this judgment.

(2.) Briefly stated the facts of the case are respondent-plaintiff filed a money suit the same being Summary Suit No. 17 of 1982 in the Court of the learned Civil Judge (J.D.) Anand (for short-trial Court) against the plaintiff-defendant praying for the recovery of Rs. 7080.00 It was alleged by the plaintiff that the defendant had executed a promissory note to the tune of Rs. 6000/ in his favour in the gear 1979 and despite repeated demands to return the same since the defendant refused to oblige he was constrained to file the present suit. According to the plaintiff though the suit was primarily based on Its. 6000/- he has claimed an additional amount of Rs. 1080.00 by way of interest and thereby praying for a total money decree to the tune of Rs. 7080.00.

(3.) Mr. S. R. Shah the learned Advocate appears for the petitioner- defendant as against him though the respondent-plaintiff is duly served is surprisingly absent.