KHAJU KHAN Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) THIS revision application has been preferred by the plaintiff against an order dated 18 -4 -1960 passed by the First Addl. District Judge Shajapur, in Civil Original Suit No. 5 of 1959.

(2.) THE plaintiff alleged that the defendant had on 11 -6 -1956 borrowed from him a sum of Rs. 10,000/ - agreeing to return the money within one month. On 11 -7 -1956 the defendant expressed his inability to repay the loan and wanted further time for one year. He addressed a writing to the plaintiff to the following effect: -

(3.) THE trial Court relying on the decisions reported in : AIR 1957 RAJ 360 Gopaldas vs. Ramdeo) and : AIR 1959 RAJ, 156 (Gordhansingh vs. Suwalal) held that the document was a premissory note and being un -stamped was inadmissible in evidence.