NATHU KALU Vs. ANANDILAL BHIKAJI

JUDGEMENT

(1.) THIS is a revision petition by the Defendant against a decree passed by the Small Cause Court, Indore.

(2.) AFTER hearing the learned Counsel for both the parties I have come to the conclusion that the decree made by the Court of Small Cause in this case is not according to law and must be set aside.

(3.) THE Defendant is illiterate and has affixed his thumb impression on the agreement as well as on the pro -note. The Plaintiff, in his plaint, alleged that the Defendant only paid Rs. 104/ - and did not pay the whole amount of Rs. 300/ - within a period of ten months as stipulated in the agreement and therefore be tiled a suit for Rs. 185/ - (i.e., Rs. 300/ - principal plus Rs. 49 interest minus Rs. 165/ - is equal to 185). The Court decreed the suit for Rs. 169/ - only, rate of interest having been reduced to 1/ - Rs. only.