P KAMARAJU AND SONS Vs. KATTALA PARADESI

JUDGEMENT

(1.) THE fate of this Revision Petition depends upon the interpretation of the document filed by the plaintiff. THE document as extracted in the judgment of the Court below is as follows :

(2.) THAT apart, according to para 3 of the plaint, the plaintiff is not basing his suit on the foot of that document. He has clearly stated that the defendant borrowed the amount from him. and as an evidence of the transaction the document was executed in his favour. The Lower Court without making any enquiry in regard to this allegation which was disputed by the defendant found that the state ment is not correct and the plaintiff's suit is based on that document. I do not think that conclusion can be sustained on the present record. In the view which I have taken about the nature of the document and in view of para 3 of the plaint, the Judgment of the Court below cannot be sustained. This Revision petition therefore is allowed, the judgement of the Court below is set aside and the case remanded to the Court below to enquire it on merits and I for disposal in accordance with law. Costs of this Revision will abide the resultof the suit. Petition allowed.