GANGA RAM Vs. KESHAVA DEO

JUDGEMENT

(1.) This is a second appeal by the defendant in a suit for recovery of money.

(2.) The respondent, Kesliava Deo, instituted a suit in the Court of Civil Judge, Jaipur City, against Bhanwar Lal and Ganga Ram for the recovery or Rs. 2001/ as principal and Rs. 40/- as interest, on the allegation that defendant No. 1 Bhanwar Lal had borrowed Rs. 2001/- from the plaintiff on 16-2-1949, and had executed a pro-note for the same, but he failed to pay the amount when called upon to do so. The suit was instituted on 18-4-1949. Defendant No. 2 was impleaded as being also liable on the pro-note, as defendant No. 1 was alleged to have borrowed the amount on behalf of himself and defendant No. 2.

(3.) Bhanwarlal did not participate in the trial, but defendant No. 2 Ganga Ram denied all the allegations in the plaint, and raised an objection that the pro-note was not admissible in evidence owing to insufficiency of stamp.