GANGA SINGH Vs. RAM PEYAR SINGH

JUDGEMENT

(1.) This is an application by the plaintiff under Section 25 of the Provincial Small Cause Courts Act. His Suit filed against the defendant for realisation of Rs. 540/- on the basis of a hand-note, said to have been executed by Defendant No. 1, has been dismissed by the Small Cause Court Judge.

(2.) The plaintiff's case is that Defendant No. 1, as Karta of the joint family consisting of himself and his brother, Defendant No. 2, had taken a loan of Rs. 400/- from the plaintiff and had executed a hand-note. Both of them are liable to re-pav the amount, but they have not paid. Hence the suit.

(3.) The defence was that Defendant No. 1 had taken the sum of Rupees 400/- from one Kishundeo Singh and has repaid that amount to him. Because there is a litigation between the defendants and the said Kishundeo Singh the plaintiff, a friend of Kishundeo Singh, has been made to file the suit. The learned S. C. C. Judge, by committing several errors of law, has dismissed the suit. It has to be sent back for a fresh decision.