SURAJ BALI Vs. RAM CHANDRA AND ORS

JUDGEMENT

(1.) This revision application, which is filed by the Defendant, is directed against a decree of the Small Cause Court.

(2.) On May 3, 1942 the Defendant Suraj Bali executed a promissory note in favour of one Ram Saran akas Newal Behari for Re. 300/-. A few days before the promissory note was to become time barred the suit out of which the revision arises was instituted by Sheo Behari, the brother of Newal Behari, the tatter's wife and three minor sons, on April 27, 1945. for the recovery of the amount due under the promissory note. In the plaint it was stated that Newal Behari had disappeared about three months before the suit and could not be traced and it was presumed that he had been killed.

(3.) The defence was a denial of the execution of the promissory note with the further plea that neither the promissory note nor the receipt were properly stamped and were, therefore inadmissible in evidence. It was also pleaded that the suit was not maintainable as Newal Behari was civilly alive. There were other defences but they are not material for the purposes of this revision.