KANHAILAN CHANDAK Vs. R. MOHAN

JUDGEMENT

(1.) IN the plaint itself it is stated that the promissory note executed by the defendant in favour of the plaintiff is insufficiently stamped.

(2.) THE defendant inter alia denied the borrowing and also contended that the suit was not maintainable as the promissory note was insufficiently stamped.

(3.) THE trial Court raised as many as four issues, the main issue being issue No. 1 which relates to the question whether the defendant borrowed the money from the plaintiff. During the trial the plaintiff was examined as P.W. 1. He stated that the defendant had passed a receipt for receiving the sum of Rs. 2,000 on 5th June, 1970 and sought to mark the document in evidence.