KRUTIBAS SAHU Vs. MADHAB DAS

JUDGEMENT

(1.) IN this Civil Revision, the plaintiff is the petitioner in revision, directed against an order of the learned S. C. C. Judge Cuttack, in S. C. C. Suit No. 73 of 1957 dismissing the plaintiff's suit on a handnote dated March 15, 1954 for a sum of Rs. 240/- payable with interest thereon at the rate of 12 per cent per annum, the total claim being Rs. 320/- inclusive of interest. The defence taken by the defendant in the written statement is shortly this : A blank piece of paper with signature and thumb impression on revenue stamp was given by the defendant to the village Punches for settlement of a dispute between the defendant and one Kunjaban Das over the offering of bhog to Gopalji Thakur where they were both priests. The blank paper is stated to have been given to one Dhruba Sahu one of the Punches - about 15 or 16 years ago. The dispute between the two parties was subsequently settled but the blank paper was not returned. Later on, the plaintiff, out of enmity with the defendant, is stated to have got hold of this blank paper from Dhruba Sahu and made use of it as a handnote on the basis of which he filed the suit.

(2.) AT the trial before the learned S.C.C. Judge, three witnesses were called by the plaintiff including the plaintiff as P.W. 1, the alleged scribe of the document as P.W. 2 and another witness as P.W. 3 to prove payment of the consideration. On the side of the defence, two witnesses were called including the defendant himself as D.W. 1 and another witness as D.W. 2 who stated that the blank paper was given. On the evidence before the trial Court, the learned Judge accepted the defence version of the case as pleaded in his written statement. It appears that the scribe of the document (P.W. 2) supported the defence version of the case, stating that it was a blank paper on which no consideration passed. It is in this state of evidence that the trial Court dismissed the suit. Hence this Revision.