MOHAMMAD JAMAL SAHEB Vs. MUNWAR BEGUM
LAWS(APH)-1963-4-15
HIGH COURT OF ANDHRA PRADESH
Decided on April 18,1963

MOHAMMAD JAMAL SAHEB Appellant
VERSUS
MUNWAR BEGUM Respondents

JUDGEMENT

Gopal Rao Ekbote, J. - (1.) This revision petition is, directed against the judgment and decree of the City Small Causes Court, Hyderabad, dated 22/2/1961.
(2.) The facts relevant for the purpose of appreciating the contentions raised in this revision petition are that the plaintiff instituted a suit for Rs. 214-35 np. alleging inter alia that the defendant borrowed Rs. 300.00 as loan without Interest from the plaintiff on 26-12-56. The defendant executed the promissory note as collateral security and also executed a receipt for Rs. 300.00. The defendant had paid Rs. 100.00; the suit therefore was laid for the balance. The defendant denied the execution of the promissory note. He raised a plea that as the suit promissory note was not sufficiently stamped, it is not admissible In evidence, He also stated that as the suit is based on the promissory note it is liable to be dismissed.
(3.) The learned Judge without recording the evidence, but after hearing the parties dismissed the suit folding that the suit promissory note is insufficiently stamped and therefore Inadmissible in evidence and although the promissory note was used In evidence at the ex-parte trial when the ex-parte decree is set aside, it is open to the defendant to object to the admissibility of the promissory note. The learned judge also came to the conclusion that as the suit Is based on the promissory note which Is Inadmissible, it Is liable to be dismissed, it is this view of the learned Judge of the City Small Causes Court which Is assailed before mo to this revision petition.;


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