LILA SINGH Vs. CHAJJU SINGH

JUDGEMENT

(1.) This revision under Section 25, Provincial Small Cause Courts Act (IX [9] of 1887) has been filed by the plaintiff.

(2.) The plaintiff filed a suit in the Court of Small Causes at Moradabad to recover Rs. 980-8-0. The allegations in the plaint were that on 23-8-1944, the defendant borrowed from the plaintiff a sum of Rs. 900 in cash and it was agreed between the parties that the amount would be repayable on demand and would carry interest at Re. 1 per cent. per month. That the defendant had paid a sum of Rs. 80 only and the claim was for the balance. The plaintiff alleged that a promissory note and a receipt were executed but the promis sory note was misplaced and it could not, there fore, be filed. The receipt was filed in Court.

(3.) The defendant denied the execution of the promissory note or the receipt. He further denied that he had borrowed any money from the plaintiff.