MATOLIRAM Vs. LALA NANUMAL

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the appellate judgment and decree of the learned District Judge, Bharatpur in a money suit.

(2.) THE plaintiff filed a suit for the recovery of a sum of Rs. 2000/- from the defendants on the basis of a certain document which has been des-cribed by the lower appellate court to be an acknowledgment. This document is dated Jeth Badi 6th, Smt. 2003 corresponding to 23-5-1946. He stated that the said document was executed by the defendants for a sum of Rs. 2900/- but crediting the payments and debiting the defendants with the cost of notice and interest, the plaintiff claimed Rs. 2000/- in all. The suit was brought in the court of Civil Judge, bharatpur on 1-3-1950.

(3.) THE defendants admitted the execution of the document in suit but said that it was executed on account of the coercion of the plaintiff and that it has been executed without understanding the previous accounts. They also pleaded bar of section 69 of the Partnership Act and that of limitation. The learned Civil Judge framed certain issues which when translated into English are as follows: 1. Whether the Khata in dispute had been executed on account of the coercion without understanding the accounts? 2. Whether the Khata had been paid up and nothing was due against the defendants? 3. Whether the suit was not maintainable on the basis of the Khata in suit? 4. Whether the Khata was not admissible in evidence? 5. Whether Matolirani had a right to file the suit? 6. To what relief, if any, the plaintiff is entitled?