SAMPAT LAL Vs. ONKAR

JUDGEMENT

(1.) THE judgment and decree dated 25. 7. 2000, passed by Civil Judge (SD), Mawli, accepting a suit for recovery of money, stood reversed by first appellate court vide judgment and decree dated 15. 3. 2002, hence this revision petition is preferred by the plaintiff.

(2.) THE material facts in brief are that the plaintiff sought a decree for recovery of money in the tune of Rs. 16,117/-, said to be due against the defendant on purchase of cloth. A credit entry was also made in this regard and the defendant put a mark of thumb impression thereon. THE dues were not satisfied despite demand and notice.

(3.) LEARNED trial court, on acceptance of thumb impression, drew a presumption of the existence of the fact relating to dues of money and decided all issues in favour of the plaintiff. The suit was decreed accordingly. The first appellate court, after considering and re-appreciating the entire evidence available, decided the issues No. 1, 4, 5 and 6 in favour of the plaintiff but reversed the findings of trial court relating to remaining issues. The first appellate court accordingly set aside the judgment and decree dated 25. 7. 2000 and dismissed the suit.