S AMEER Vs. VIVEK ENTERPRISES

JUDGEMENT

(1.) THIS Appeal is preferred at the instance of unsuccessful plaintiff in O. S. No. 418 of 1986 on the file of Principal Subordinate Judge, Pondicherry . The learned trial Judge has dismissed the Plaintiff's suit on the Preliminary Issue that the suit is not sufficiently stamped and that the suit claim is unsustainable on the foot of the suit instrument.

(2.) CASE of Appellant / Plaintiff is that the Respondent /defendant borrowed Rs. 50, 000/- on 01. 12. 1985 from the Plaintiff for purchase of exhibition rights of the Film "rajarishee" and the Defendant has agreed to repay the said amount with interest at the rate of 12% per annum by 01. 06. 1986 and executed the suit Promissory Note and thereafter Defendant failed to repay the same and hence the suit.

(3.) WE have carefully considered the submissions of both sides, Judgment of the trial Court and the materials on record. In such consideration, the point following points arise for our consideration:- 1. Whether the trial Court was justified in taking the view that the suit document is a Promissory Note; but inadmissible in evidence on the ground that the said document was not duly stamped as required by law " 2. Without setting forth the alternative plea can the plaintiff fall back upon the original cause of action and make the suit claim " 3. Whether the learned trial Judge was right in non-suiting the Plaintiff on the Preliminary Issue "