SHYAMSUNDER SAHU Vs. GAGAN BEHERA

JUDGEMENT

(1.) PLAINTIFF is the Petitioner. He filed Money Suit No. 77 of 1973 in the Court of the Munsif at Balasore for recovery of Rs. 1358/ - from the Defendant on the allegation that the Defendant had borrowed a sum of Rs. 1,000/ - on the basis of a promissory note (Ext. 1) dated 5 -8 -1970 undertaking to pay interest and failed to pay the same on demand. The defence was a denial of the loan and it was pleaded that the Defendant had stood surety for a loan of Rs. 500/ - incurred by one Rajkishore Panda and had passed on a blank paper with his two signatures to Panda and had passed on a blank paper with his two signatures to the Plaintiff.

(2.) ON 27 -1 -1978, a learned Single Judge before whom this matter came, directed that the revision application be placed before a Division Bench for hearing along with Civil Revision No. 275 of 1977 -Dibakar Pradhan v. Sk. Miskini which is separately disposed of today. The finding of the learned Munsif about the promissory note being not genuine is one of pure fact and on the materials which have been clearly indicated in the judgment, we do not think, it would be appropriate for us to disturb the finding.

(3.) THERE is no merit in the revision and the same is accordingly dismissed. We, however, make no order for costs.