S VENKATAPPA Vs. D N PURUSHOTHAM RAO

JUDGEMENT

(1.) heard both counsel. The defendant is the appellant in this case. The plaintiff filed the suit original suit No. 1275 of 1970 on the file of the ii additional first munsiff, Bangalore, for recovery of Rs. 5,000/- with interest, against the defendant.

(2.) the learned munsiff, by his judgment dated 14-7-1975 decreed the suit. The defendant preferred the appeal regular appeal No. 4 of 1986 on the file of the principal city civil judge, metropolitan area, Bangalore. The learned civil judge dismissed the appeal. The appellant-defendant has filed the present appeal.

(3.) both the courts below believed the evidence of the plaintiff-p.w. 1 and the chit, ex. P-9, in the suit. The chit ex. P-9, on which both the courts relied, was not admittedly filed by the plaintiff along with the plaint.