ABDUL RAFIQ Vs. BHAJAN

JUDGEMENT

(1.) This is an application for revision directed against the decree passed by the Judge of the Court of Small Causes at Pilibhit dismissing the plaintiff-applicant's suit for recovery of Rs. 250 principal and Rs. 30 interest on what purports to be an acknowledgment of liability, but has been wrongly described by the Court below as a promissory note. As considerable importance has come to be attached to its contents in course of the arguments before us, -it is desirable to quote it in extenso. It runs as follows: A sum of Rs. 250, half of which is Rs. 125, has been found due by me to Shaikh Abdur Rafiq...on settlement of account (fahmid hesab kitab) in respect of dealings between me and him (Abdur Rafiq) up to date. These presents are therefore executed to be of service in case cf need.

(2.) The plaintiff's case as set out in the plaint is that dealings hetween the parties were taken account of on 3 May 1929 when the sum of Rs. 250 was found due to the plaintiff from the defendant who executed the acknowledgment already referred to and promised to execute a hypothecation bond later but did not do so. The defence was a total denial of everything alleged by the plaintiff and no positive case of any kind was set up. In particular it should be noticed that neither limitation nor want of consideration for the acknowledgment was pleaded in the alternative if the acknowledgment were found to have been made. The only issue set down for hearing was: Whether the defendant owed Rs. 250 to plaintiff as alleged in the plaint.

(3.) The finding of the Judge is so brief that it may be quoted in its entirety: I am not satisfied that the plaintiff has succeeded in proving that the defendant owed him Rs. 250 for which the acknowledgment was executed. The plaintiff ought to have submitted a statement of account. His more words cannot be accepted as true. The issue is decided against the plaintiff though I hold that the receipt relied on by the plaintiff was executed by the defendant.