OM PARKASH Vs. DATA RAM

JUDGEMENT

(1.) THIS appeal at the instance of the defendant arises out of the suit for the recovery of Rs. 3,000/ - allegedly advanced to him by the plaintiff on the strength of a pronote and duly evidenced by him by executing a receipt.

(2.) BOTH these documents i.e. pronote and receipt when filed in Court were alleged to be without stamp and so their admissibility was questioned by the defendant. The following preliminary issue was framed: -

(3.) MR . Puran Chand, learned counsel for the appellant urged that both the Courts below decided the suit without returning a finding on the preliminary issue.