NUNDO LAL MULLICK Vs. PUNCHANON MUKHERJEE

JUDGEMENT

(1.) This is an appeal from a judgment of Mr. Justice Greaves, and it is a case, in my opinion of considerable importance, having regard to one of the issues which has been raised.

(2.) The suit was for a sum of Rs. 2,282-1413 pies. But in fact the only dispute was as to whether the defendant had paid the sum of Rs. 1,000, which was a part of the sum for which the suit was brought.

(3.) The learned Judge when he tried the case gave his decision on the 7th of March 1916, and he came to the conclusion that an alleged receipt in respect of the Rs. 1,000 in question which was put forward by the defendant was a forgery and had not been signed by the plaintiff. He also expressed a strong opinion with regard to the way in which the witnesses gave their evidence. He said: "if I have to choose between the evidence of the plaintiff and the defendant, I would unhesitatingly prefer the evidence of the plaintiff. So far as I could see, he seemed to me a truthful witness," and later on he said: "Having regard to this fact" (referring to the signatures which were put before him), "and also the demeanour of the witnesses in the witness-box, I think my judgment in this case ought to hi in favour of the plaintiff."