Jagdish Sahai, J. - (1.) This revision application has been filed under the provisions of Section 25 of the Provincial Small cause Courts Act and is directed against the decree dated 28th of May, 1956, passed by Sri P. C. Rastogi, judge Small cause Court, Chandausi, decreeing a suit filed by the opposite parry Sri Ram Kumar Varshney for the recovery of a sum of Rs. 193/- against the applicant the Reserve Bank of India on the finding that the Currency Officer was not justified in refusing to make payment in respect of certain currency notes presented to him on the allegation that they were mutilated or imperfect.
(2.) I have heard Mr. T. N. Sapru for the Reserve Bank of India and Mr. D. Sanyal for Sri Ram Kumar Varshney the plaintiff opposite party. Mr. Sapru has made the following three submissions before me. (1) Whether or not payment should be made in connection with a note presented at the currency office is in the sole discretion of the prescribed officer and the matter is not justiciable; (2) The currency notes presented by the opposite party were mutilated or imperfect within the definition of those expressions in the Reserve Bank of India Act and the rules framed thereunder; and (3) The learned Judge failed to consider the question whether or not the notes presented for enactment or payment were imperfect notes.
(3.) I will take the three submissions seriatim.;