HARI CHARAN KARANJAI Vs. BAHAR SHEIKH

JUDGEMENT

(1.) The facts of this Rule are as follows: The plaintiff brought a suit for recovery of Rs. 145 alleged to be due on two unregistered bonds. The Court of first instance decreed the suit. On appeal the learned Subordinate Judge dismissed the suit holding that certain account-books which were produced by the plaintiff were not reliable.

(2.) The plaintiff has now moved this Court on the ground that the Judge in the lower Appellate Court acted with material irregularity in the exercise of his jurisdiction in refusing to take in evidence the plaintiff's pucca account-books to clear a misapprehension which was occasioned for the first time during the hearing of the appeal which the plaintiff had no previous opportunity of explaining.

(3.) The fasts would appear to be these: the appeal was heard on the 20 May and judgment was reserved. Then on the 23 May the respondent apparently for the first time asked to put in certain account-books which, he alleged, would clear up the discrepancies in the account- books which he had already filed.