KALURAM Vs. BHAGIRATH

JUDGEMENT

(1.) THIS is a revision application on behalf of the defendants against the order of the Civil Judge, Nagaur dated the 3 7th of September, 1953 by which he decided that the document on which the suit of the plaintiff opposite party was based was not a promissory note but an agreement and was admissible in evidence on the payment of penalty as provided under sec. 35 of the Indian Stamp Act.

(2.) IT is argued by the plaintiff opposite party that a revision application against the order of the Civil Judge, Nagaur is not maintainable. In the case of S. Nrijraj Sharan vs. Sahu Raghunandan (1), a revision application filed against the order holding the document was a promissory note and was inadmissible in evidence. This is a Division Bench case and relying on this authority, I hold that the present revision application is maintainable.