CHEDU SINGH Vs. JAGAN NATH PRASAD

JUDGEMENT

(1.) IT is apparent that the attention of the Judge of the Court of Small Causes was not drawn to a Bench ruling of this Court in the case of Ramsarup V/s. Dasoda Kunwar [1911] 94 All. 158 The learned Judge appears to have held the wrong view that a plaintiff can fall back upon a claim for money lent only where a promissory note was taken subsequent to the advancement of the money, The case-law enjoins no such reservation. Where a debt may be proved independently of the promissory note, that is, without the assistance of the promissory note in evidence, the plaintiff may be given an opportunity to produce such proof, and on his satisfying the Court as to the loan he will be entitled to a decree.

(2.) THE learned Judge decided the case on a wrong view of law. I, therefore, set aside the decree passed by him and remit the suit to that Court for a trial on the merits in accordance with principles of law enunciated above. Costs here and heretofore shall a bide the result.