GULAB CHAND Vs. SATYA VRAT

JUDGEMENT

(1.) THIS is a plaintiffs second appeal in a suit for recovery of Rs. 1,746. 60 p. on the foot of a Hundi for Rs. 1,800, Ext. 7, said to have been executed for M/s. Chunni Lal Satyabrat by Satyabrat, defendant No. 1, in favour of Bhagwan Das Puttu Lal for Rs. 1,800 payable on the expiry of 361 days from the date of the Hundi viz, Kuwar Sudi 10 Sambat 2017 equivalent to 30th Sept. 1960. The defence gave rise to a large number of issues. It is not necessary to refer to them all. The Trial Court found in favour of the plaintiffs and decreed the suit for recovery of Rs. 1,746. 60 P. with pendente line and future interest at 6 per cent per annum and costs. On appeal by the defendants, the lower Appellate Court has dismissed the suit on the findings that the Hundi was insufficiently stamped and the court could not act upon it and that the Hundi was not executed for consideration.

(2.) LEARNED Counsel for the plaintiff-appellants has assailed both the findings or the lower Appellate Court.

(3.) THE substantial point that remains is whether the finding of the lower Appellate Court that the plaintiffs have failed to show that the Hundi in question was executed for consideration or that the evidence on the record and the circumstances showed that the Hundi was not executed for consideration is vitiated in law.