HARI PRASAD AGARWAL Vs. NATHUNI SAHU

JUDGEMENT

(1.) The suit giving rise in this appeal way for recovery of Rs. 2,512/8/- including interest on the basis of a hand-note claimed to have been executed on 10-7-56 by the defendant in favour of the plaintiff. The defence put up at the trial was that though the endorsement made across the stamp was in the pen of the defendant hut that was done on a blank piece of paper and without any date in circumstances which shall he presently stated hereafter. In substance, therefore, the defendant denied either to have executed the hand-note or to have received any consideration thereunder and the explanation which was given in support of the claim that the endorsment was made on a blank piece of paper was that

(2.) On these respective pleadings of the parties, the following issues were framed at the trial;

(3.) The trial Court on hearing the parties and on a consideration of the evidence brought; on the record decreed the suit but without costs As against that there was an appeal by the defendant and a cross-objection by the plaintiff. The lower appellate Court on hearing the parties has allowed the appeal and dismissed the suit and has further held that- "Since I have found that the plaintiff': claim was false being based on a handnote which is not genuine the plaintiff is not entitled to the costs." Thus, on that finding, the cross-objection has been dismissed. Now the plaintiff has come in second appeal to this Court.