SUNKARI MALAKONDAIAH Vs. SREEKARAM MALAKONDAIAH

JUDGEMENT

(1.) This revision is directed against the order passed by the District Munsif, Kanigiri in OS No.72 of 1996, wherein it is held that the letter dated 16-11-1990 is unstamped bond.

(2.) The facts of the case lie in a very narrow compass. The petitioner-plaintiff has filed a suit for recovery of money on the strength of a pronote dated 19-11-1987 and acknowledgment of liability dated 19-11-1990. During the examination-in-chief, the petitioner-plaintiff wanted to prove the letter of acknowledgment dated 19-11-1990. The respondent-defendant objected the proof of document dated 19-11-1990 on the ground that it is a bond and, therefore, it is inadmissible in evidence until it is duly impounded.

(3.) The document dated 19-11-1990 recites that the executant had borrowed a sum of Rs.23,500.00 vide document dated 19-11-1987 and had repaid Rs.6,000.00 in two instalments. The executant undertook to pay the balance amount after finalising the account before 31-3-1991.