ALA UDDIN Vs. SISHIR KUMAR DUTTA

JUDGEMENT

(1.) This revision petition arises from the judgment and decree passed by the learned Assistant District Judge Karimganj in Money Appeal No. 40 of 1979 dismissing the appeal and affirming the judgment and decree passed by the learned Munsiff Karimganj in Money Suit No. 43 of 1978 decreeing the claim of the plaintiff for recovery of a sum of Rs. 2,132.81 with costs; hence this petition.

(2.) The plaintiff-opposite party brought the suit on the footing that on 26-5-75, the defendant-petitioner borrowed a sum of Rs. 1,800/- by executing a document (Ex.-1) promising to repay the amount on demand but in spite of repeated demands, the defendant failed to re-pay the same. Out of Rs. 2,132.81 claimed by the plaintiff, Rs. 1,800/- was principal amount and Rs. 332.81 was the interest at the rate of 6.25% per annum from 26-5-75 to 11-5-78. The suit was instituted on 12-5-78.

(3.) Mr. M.A. Laskar, the learned counsel for the petitioner, has submitted that the learned Munsiff compared the disputed signature of the defendant on the document (Ext.-1) with the admitted signatures of the defendant on his written-statement and also on the Vakalatnama executed by him, and based his findings on the comparison made by himself. Mr. Laskar has contended that the Court should not have given its findings solely on such comparison made by itself, and that the Courts below ought to have sent the document (Ext.-1) to the expert.