LAWS(MPH)-1960-10-35

MANNALAL Vs. S.P. SITAMBERNATH

Decided On October 26, 1960
MANNALAL Appellant
V/S
S.P. Sitambernath Respondents

JUDGEMENT

(1.) THIS is defendant's appeal against the decree, dated 29 -10 -1958, passed by Shri D. P. Tiwari, First Additional District Judge, Raipur, in Civil Appeal No. 34 -B of 1956, reversing the decree, passed by Shri B. P. Shriwas, Civil Judge, Dhamtari, in Civil Suit No. 13 -B of 1955, dated 21 -9 -1956.

(2.) THE respondent filed a suit for recovery of Rs. 3,500 inclusive of interest, alleging that an account was made of the previous dealings between the parties, when a sum of Rs. 3,000 was found due on 19 -3 -1952, in lieu of which the defendant executed a receipt of the same date, admitting the amount due on the loan. The defendant also promised to pay the said sum of Rs. 3,000 with interest at the rate of Re 1 per cent per month by 7 -6 -1952. The plaintiff had served registered notices, the last of which was dated 17 -2 -1955, which was refused by the defendant. Therefore, the plaintiff claimed a decree for the principal amount with interest.

(3.) THE learned Judge of the trial Court, by order, dated 7 -11 -1955 had given a finding that the deed, dated 19 -3 -1952, was a promissory -note. As such it was not required to be impounded, as it was not an agreement, as was alleged by the plaintiff. The promissory -note could not at all to be validated by payment of the requisite stamp duty and penalty. Therefore, the deed could not be admissible in evidence at all for any purpose, whatsoever.