REWACHAND LADHARAM RAMCHANDANI Vs. NARAINDAS B KANUGA

JUDGEMENT

(1.) MR. Nain, states that defendants do not wish to raise or press issues based on the Money Lenders Act.

(2.) OTHER Issues raised and marked settled.

(3.) MR. Mody, tenders a voucher dated 25th March, 1975. He submits that the defendants have in the written statement admitted that the voucher was signed by the 1st defendant on behalf of 2nd defendant. He points out that the defendants have admitted that a sum of Rs. 25,000/- was received. Mr. Mody, submits that the document speaks for itself. Mr. Mody, submits that the burden of proving that the voucher was signed in blank is on the defendants. In support of his submission Mr. Mody relies upon (Bhubah Mohini Dasi v. Kumud Bala Dasi) A. I. R. 1924 Cal. 467, (Inamullah Khan v. Lala Jhumbhu Dayal) A. I. R. 1931 All. 159, (Sahdeo Mauar v. Pulesar Monig) A. I. R. 1930 Patna 598, (Smt. Sabitri Thakurain v. Mrs. F. A. Savi and ors.) A. I. R. 1933 Patna 306 and an unreported judgment of this Court dated 14th April 1975 in Suit No. 277 of 1969. Mr. Mody submits that the plaintiff is entitled to merely tender this voucher.