GURUNANAK PROVISIONS STORES Vs. DULHONUMAL SAVAMAL

JUDGEMENT

(1.) . The appellant has questioned the legality and validity of the judgment and decree passed in Civil Suit No. 1007 of 1973, in favour of the respondent-original plaintiff, by City Civil Court, at Ahmedabad, on 9/09/1976, by invoking the provisions of Sec. 96 of the Code of Civil Procedure ("Code" for short).

(2.) . The respondent filed the above suit against the appellant, for the recovery of money on the basis of a promissory note. The parties are hereinafter referred to as "plaintiff" and "defendant" for the sake of convenience and brevity.

(3.) . The plaintiff, by filing the above suit, claimed an amount of Rs. 5,350.00, contending that the defendant, who was carrying on the business of provision store, had executed a promissory note of Rs. 5,000.00, on 16-8-1972, as he required funds for his business. The defendant, in his written statement. Ex. 22, inter alia, contended that he had not executed the questioned promissory note. It was also alleged that, the plaintiff forged the said promissory note, at Ex. 33, by re-using the signed four revenue stamps on another promissory note, which was satisfied. A revenue stamp, known as 'refugee stamp', was also alleged to have been subsequently affixed. He also questioned the liability for payment of interest at the rate of 12 per cent per annum.