KHAMIR SINGH Vs. RADHESHYAM BANSAL

JUDGEMENT

(1.) ? Feeling aggrieved by the order dated 3-9- 2009 passed by the Additional Judge to the Court of Civil Judge Class I, Shivpuri in Civil Suit No. 4-B/2009 dismissing two applications filed by the defendant/petitioner-one under section 11 of the Stamps Act read with Rules 15 and 17 of the M. P. Stamp Rules and another under Order XIV, Rule 5 read with section 151 of Civil Procedure Code, the petitioner has filed this writ petition under Article 227 of the Constitution of India.

(2.) NO exhaustive statement of facts is required to be narrated for the purpose of disposal of this writ petition, suffice it to say that a suit on the basis of promissory note executed by defendant/petitioner in favour of plaintiff/respondent has been filed for realisation of a sum of Rs. 41,000/-. According to the plaint averments, the defendant/petitioner executed a promissory note on 15-3-2006 for Rs. 30,000/- in favour of plaintiff/respondent and took loan amount of Rs. 30,000/-. It was agreed between the parties that the said amount will be paid along with interest at the rate of two percent per annum whenever the demand is made by the plaintiff. Since the amount of promissory note was not paid, hence, the plaintiff after giving notice on 24-4-2008 to the defendant, filed the present suit for realisation of Rs. 41,000/-.

(3.) IN this manner, present writ petition has been filed by the defendant/petitioner under Article 227 of the Constitution of INdia.