BHAGATRAM GANDHI Vs. MOHAN GUPTA

JUDGEMENT

(1.) This revision has been filed by the defendant aggrieved by the order passed by the Additional District Judge, Karera on August 21, 1998 overruling anobjection raised by the defendant-petitioner with respect to admissibility of document dated December 14, 1984. It was submitted by the defendant-petitioner that the said document is a 'promissory note' as defined in S. 4 of the Negotiable Instruments Act, 1881.

(2.) The plaintiff filed the suit for recovery of Rs. 50,000/- together with interest at the rate of 1.5% per month total amount of Rs. 68,750/-, on the basis of a receipt dated 14-12-1984. The plaintiff has pleaded that he had advanced the money to the defendant on 14-12-1984. There was oral agreement of its return and for satisfaction a receipt was written by the defendant.

(3.) The objection raised by the defendant-petitioner was contested by the plaintiff-respondent. It was submitted that it was simply an acknowledgement for return of the money advanced.