RAMCHANDRA Vs. NARAIN

JUDGEMENT

(1.) THIS is an application for review of the judgment dated, 19th September 1956 passed by the Judicial Commissioner of Ajmer. Owing to the integration of Ajmer with the Stare of Rajasthan and the abolition of the Judicial Commissioner's court, the application has been presented to this Court.

(2.) THE judgment in question affirmed the decision of the Subordinate Judge of Ajmer decreeing the suit of the plaintiff-respondent for a sum of Rs. 3,500/ -. THE suit was filed on the basis of dues relating to transactions between the plaintiff and the defendant entered in Bahi Khata accounts. THE plaintiff's case was that during the period, 13th November 1947 to 15th April 1952, the defendant had borrowed from the plaintiff on various dates a total sum of Rs. 29,033/11/6, out of which he had repaid a sum of Rs. 24,033/11 /6, leaving a balance of Rs, 5,000/ -. He further alleged that on the 9th of April 1953 when the accounts between the parties were adjusted, the defendant in a separate 'chitha' or a piece of paper acknowledged his liability for the sum of Rs. 5,000/- which bore his signature and agreed to pay the same with interest within a year. THE defendant in his pleadings denied the transactions. He challenged the admissibility of the document containing the acknowledgment of dues and he further stated that the same had been executed under undue influence. He stated that he had not actually borrowed any money from the plaintiff, but that the plaintiff had from time to time made certain deposits with him ; but he did not state what actually was the amount of the deposits. It was also pleaded that a sum of Rs. 1285/13/3 had been paid by the defendant in addition to the payments admitted by the plaintiff, and in case any decree was passed, he wanted that he should be given instalments for payment of the amount.