PABAN KHAN Vs. BADAL SARDAR

JUDGEMENT

(1.) This appeal arises out of a suit upon a mortgage bond.

(2.) The defendant admitted the execution of the bond but pleaded payment and satisfaction of it. He also raised the defence that the bond should not be regarded as a mortgage bond.

(3.) The Court of first instance held that the execution of the bond not being challenged, the necessity of its proof did not arise. That Court overruled the other pleas of the defendant and gave a decree to the plaintiff.