LAWS(BOM)-1994-6-49

KALLAPPA PUNDALIK REDDI Vs. LAXMIBAI DATTOBA VELLARAM

Decided On June 15, 1994
KALLAPPA PUNDALIK REDDI Appellant
V/S
LAXMIBAI DATTOBA VELLARAM Respondents

JUDGEMENT

(1.) THIS appeal is preferred toby the original plaintiff against decree dated 28th August 1977 passed by the Court of the Joint Civil Judge, S. D. Solapur at Solapur in Special Civil Suit No. 80 of 1975. By the said decree, the trial Court dismissed the suit of the plaintiff with costs.

(2.) ON or about 19th April, 1978, the plaintiff filed the above Referred tosuit against the defendant seeking to recover from the defendants a sum of Rs. 10,000/- with further interest and cost of the suit. It was averred in the plaint that the defendants had executed a promissory note in favour of the plaintiffs being promissory note dated 19th April, 1972 for valuable consideration and defendants had failed to pay the amount due and payable on the said promissory note. With the leave of the Court, the plaintiff amended the plaint. By the said amendment, it was pleaded by the plaintiff that if the said promissory note was held to be non-admissible in evidence, the plaintiff was nevertheless entitled to recover the said amount from the defendants on the basis of the original consideration as the plaintiff had advanced the said amount to the defendants in cash on 19th April, 1972 and the defendants had received the said amount in cash from the plaintiff.

(3.) THE first question which is required to be decided in this appeal is as to whether the trial Court was justified in taking the view that the said promissory note was inadmissible in evidence on the ground that the said promissory note was not duly stamped as required by law. The learned Counsel for the appellant has been good enough to prepare a compilation consisting of a copy of the said promissory note dated 19th April, 1972, the same being in Marathi and also the translation thereof. There is no dispute about the correctness of the translation of the said document. The executants of the said document have described the said document as a promissory note. It is provided in the said promissory note that the defendants shall be liable to pay the sum of Rs. 10,000/- to the plaintiffs first within six months and thereafter within further six months at any time on demand. The amount of the said promissory note was payable by two instalments as aforesaid. The relevant portion of the promissory note as translated by the learned Advocate for the appellant reads as under :-