MANAKLAL Vs. FIROJSHAH RUSTAMJI

JUDGEMENT

(1.) THIS is a revision by the defendant in a suit for recovery of money.

(2.) THE respondent instituted the suit on 12th June, 1953 in the court of Civil Judge, Pratapgarh on the allegation that he had advanced a loan of Rs. 500/- to the defendant on 13th January, 1953 and a receipt was obtained from the defendant, but as the defendant failed to pay the amount, the plaintiff prayed for recovery of Rs. 500/- principal and Rs. 85/- on account of interest. One of the pleas taken by the defendant was that the document, which the plaintiff called a receipt, was a pronote, and inadmissible in evidence. He also denied having obtained the loan or the plaintiff being entitled to any relief. THE learned Civil Judge, after a careful consideration of the language of the document, was of opinion that it was a receipt, and bore a revenue stamp of annas 2, and was admissible in evidence. THE defendant has come in revision.