BHERULAL Vs. GHISULAL

JUDGEMENT

(1.) THIS is a revision application by the defendant against the order of the Munsif nathdwara dated 9th of July 1958.

(2.) THE facts giving rise to it are that the non-petitioner filed a money suit against the petitioner on the basis of a document dated 25-9-1953. The defendant's objection in the trial court was that the said document waa a promissory note and since it was unstamped, it was inadmissible in evidence. The learned Munsif dismissed this objection. He has come to the conclusion that the document in dispute was a bond and not a promissory note and, therefore, it can be admitted in evidence on payment of requisite stamp duty and penalty.

(3.) THE document runs as follows :--"sidh sri bhai sri Ghisulalji vald Nandlalji Lodha nathdwarayala sri Bherulal vald. Gordharji Sikligar Nathdwarawala Ki Jaysri krishna Van. chavsi. Apranch aaj miti Karkhana ka karigara ne tumara pas thi rupaya vagera deyaya tatha mare ghare saman rokar vagera Hya jira kul rupaya 1887/5/9 khara dena hai so ye rupaya din ath me dedunga tatha stamp adhi nahin hova thi ya teep likh dini chhai so sabat rahe Samwat 2010 ka Asoj Vad 3 tarikh 25-9-53. sd: Purushottam Bherulal ke kahne se likhi hai sd/-Bherulal Sakh 1 radhakisnan Chhapanal ke Bherulalji siklighar ke kavasu sd: Bherulal. "