BAHADUR THAKUR Vs. BATA SAHU

JUDGEMENT

(1.) THE defendant in a suit files revision under Section 115 of the Civil Procedure Code against the appellate Judgment of the learned District Judge of Balangir -Patna reversing the judgment of the learned Munsif of Balangir who dismissed the plaintiff's suit.

(2.) THE plaintiff filed the suit on a promissory note for Rs. 150/ - executed by the defendant on 13 -5 -51 promising to pay the said sum with interest at 12 1/2 per cent per annum. The petitioner -defendant denied the execution of the suit promissory note and receipt of consideration thereunder. He pleaded that he took one Purug of Paddy from the plaintiff who took two thumb impressions from him - - one on a blank paper and the other on a Khata. The defendant repaid the said loan and demanded the return of the paper and cancellation of the entry and the thumb impression in the khata. The plaintiff did not comply with the request.

(3.) THE learned Munsif by discussing the evidence of the plaintiff and his witness and pointing out the discrepancies in their evidence and taking into consideration the circumstances present in the case came to the conclusion that the plaintiff failed to prove the execution and passing of consideration under the suit document. The learned Munsif also relied upon the appearance of the promissory note Ex. 1 and held that the writing on the handnote appeared to be of recent origin. He also took into consideration the non -production of the book of accounts maintained by the plaintiff.