SULTAN MAL Vs. ISMAIL

JUDGEMENT

(1.) THIS is a second appeal by the legal representatives of an unsuccessful plaintiff Karam Chand and is directed against an appellate judgment of the learned District Judge, Balotra by which the learned Judge while reversing the judgment and decree awarded in favour of the appellant by the Munsiff, Barmer dismissed the plaintiff's suit.

(2.) PLAINTIFF Kararn Chand and others were carrying on business of selling petrol and motor parts at Barmer. They filed a suit against the respondent Ismail and his brother Mirabux for the recovery of Rs. 1200/- as principal and Rs. 460/-as interest, total Rs. 1760/-on the foot of a promissory note said to have been executed by the defendant Ismail in their favour. The suit against Mirabux was dismissed by the trial court but was decreed against Ismail. The plaintiffs did not file any appeal against Mirbux, and I am not concerned with him in this appeal. Defendant Ismail filed the appeal. The learned District Judge came to the conclusion that the suit document appeared to be suspicious and it had not been satisfactorily proved that they bore the signatures of Ismail. In view of this conclusion the learned District Judge dismissed the suit as observed already.