MOHD. MAQBOOL MIR Vs. ALI MOHD. GANAI

JUDGEMENT

(1.) THIS Civil 1st. Appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 20.05.2004 passed by the District Judge, Pulwama in a suit No. 43 N of 2002 titled Ali Mohd. Ganai v. Mohammad Maqbool Mir.

(2.) ALI Mohammad Ganai S/o Muma Ganai R/o Pattan' Pulwama filed a suit against Mohammad Maqbool Mir S/o Ab. Rehman Mir R/O Ratnipora, Pulwama under Order 37 CPC for recovery of money amounting to Rs. 1,30,0007 - The court conducted proceedings under order 37 and on conclusion of the trial the court by means of the impugned judgment decreed the suit. The court found the plaintiff entitled to an amount of Rs. 1,30,000/ - with interest @ 6% per annum alongwith costs of the suit. The following decree sheet was passed in the case on 20.05.2004: -

(3.) HEARD . Considered. The pronote on the basis of which the plaintiff Ali Mohd. Ganai filed the suit under Order 37 is on the trial court's file. It is written on a stamp paper of Rs. 27 -. It consists of two leaves. The agreement has been written by Mohammad. Maqbool Mir S/o Abdul Rehman Mir R/o Ratnipora, on the first page of the stamp paper while as the second one has been duly annexed with it. The thumb impressions and signatures of the parties and witnesses appear on the first page of the document. The document also bears the seal and signature of the scribe - petition writer Mir Gulam Mohammad. The document has been duly exhibited by the trial court and has been relied upon while passing the decree.