SHIV DHARI MISHRA Vs. HANUMAN SINGH

JUDGEMENT

(1.) This application by the plaintiff under Section 25 of the Small Cause Courts Act is directed against the judgment dismissing the suit for realisation of Rs. 338.25 paise, on the basis of a handnote inclusive of interest at the rate of 1 per cent per month.

(2.) The plaintiff alleged that the defendant as Karta of the family borrowed Rs. 249/ - from him and executed a handnote on 16 -9 -1962 promising to pay interest at the rate of 1 per cent per month. The defendant did not make any payment and hence the plaintiff made a claim for Rs. 338.25 paise in the Small Cause Court suit instituted by him against the defendant.

(3.) The defendant opposite party contested the suit on the ground that the handnote in suit was not genuine, valid and for consideration. He alleged that he never borrowed any money from the plaintiff.