KANHIYALAL NEMOMAL Vs. BHAGWANDAS GENDIMAL

JUDGEMENT

(1.) THIS revision by the defendant is directed against an order dated 16-8-1984 of the Court below, whereby the disputed document dated 31-3-1977 has been held to be an agreement.

(2.) THE non-applicant has filed a civil suit against the applicant for recovery of a sum of Rs. 37,000/- on the basis of a document alleged to have been executed by the applicant on 31-3-1977. It is pleaded by the non-applicant that in the past he was in pakistan and since 1967, he has been living at Gwalior. While in Pakistan, he used to entrust one Gelomal, resident of a place in Pakistan with his money and while migrating to India, he left in trust with Gelomal a sum of Rs. 31,000/ -. In March 1977, Gelomal came to India. The non-applicant demanded his amount from Gelomal. As the applicant was indebted to Gelomal and Gelomal demanded his money from the applicant, the latter took upon himself the responsibility to pay the amount of the non-applicant and executed the alleged document dated 31-3-1977- in the presence of gelomal and agreed to repay the amount on or before 1-6-1977 with interest at the rate of 6 per cent per annum. In his written statement, the applicant denied the plaint allegations and, inter alia, submitted that the document dated 31-3-1977 was not properly stamped and, therefore, not admissible in evidence. During the course of evidence, the objection was repeated and the Court below proceeded to hear arguments on admissibility of the document and to decide the objection before taking further evidence in the case. The applicant alleged it to be a promissory note, but the non-applicant said it to be an acknowlegement. By its impugned order, the Court below held it to be an agreement.

(3.) THE document is on a small and thin piece of paper. It bears no stamp and is written in Sindhi language. Both the parties have filed their Hindi translations of the document, but there is no material difference between the two. The English version of the document may be as follows :-