RAM SAHAI Vs. KUBERDAN

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff and arises out of the suit for the recovery of Rs. 442/- on account of price of certain grain said to have been due to the plaintiff and the proforma defendants Nos. 2, 3 and 4 from the principal defendant Kuberdan. It was alleged that Kuberdan had executed a khata in lieu of that grain on 14th March, 1943. Kuberdan admitted that he had executed the khata but pleaded that the settlement of the khata in suit and some other dues had been made between the parties on payment of Rs. 325/- and that there was nothing due to the plaintiff, after the payment of the said amount. Kuberden filed a receipt Ex. D. l to prove the said payment.

(2.) THE defendant Kuberdan examined himself and produced two witness viz. Bhopalsingh and Shankerdan to prove the alleged settlement and the payment of Rs. 325/ -. All these witnesses stated that the receipt had been executed by the plaintiff Ram Sahai. THE plaintiff denied having executed the said receipt. He filed an application on 30 March, 1948, that a hand writing expert was attending court on 7th April 1948, and that the receipt, Ex D. l, be got examined by him, Another application was made on the same date Kuberdan and Bhopalsingh be called and the plaintiff be given an opportunity to examine them with respect to certain documents