FATEHLAL Vs. YASHWANTRAO

JUDGEMENT

(1.) THIS revision -petition arises out of a suit brought by plaintiff Fateh lal against defendants Yeshwantrao and Sikandarkhan for the recovery of Rs. 194 -7 -9. The claim was based on the allegations that the defendant had obtained a loan of Rs. 150/ - on 2nd August, 1951 agreeing to repay the same at interest of 1 per cent per month and had executed a pro -note on that date and the defendants had paid Rs. 10/ - only towards the liability.

(2.) THE defendants denied to have executed the pro -note or to have taken anything as a loan from the plaintiff. Competency of suit on the basis of pronote in question was challenged on the ground that the same is inadequately stamped.

(3.) THE trial court framed issues covering the questions regarding (1) the execution of the pro -note by the defendant, (2) the plaintiff's right to recover Rs. 150/ - principal and Rs. 44/ - interest and Rs. /7/9 as notice charges, (3) the existence of cause of action, (4) maintainability of suit on the ground that the document in suit is inadmissible in evidence (for inadequacy of stamps) and (5) interest.