NAGINA RAI Vs. RAGHUBAR SINGH

JUDGEMENT

(1.) This is an application by defendant 2 against a decree passed against him and defendant 1 for a sum of Rupees 48-12-0 on the basis o0f certain bahikhata account. The finding of the Court below is that the bahikhata account upon which the suit was based is a forgery, the figure "2" having been added to the admitted sum due of Rs. 48-12-0 thus altering it to Rs. 248 12-0. Upon this finding it is clear on the authority in Ram Autar Shukul V/s. Baldeo Shukul A.I.R. 1932 Pat. 352 that no decree can be passed even on the admitted sum due by the defendant.

(2.) The result is that the application in revision is allowed and the suit of the plaintiff is dismissed so far as it concerns defendant 2. The decree will remain so far as defendant 1 is concerned because he has not come up in revision to this Court.

(3.) The petitioner will be entitled to his costs in this Court and also to the proportionate costs of the trail Court. Hearing fee one gold mohur.