JAGAT NARAYAN, J. - (1.) THIS is a petition under Art. 226 and 227 of the Constitution of the defendants in a suit for recovery of money against a judgment of the Nyaya Panchayat, The defendants preferred a revision application under sec. 59 which was dismissed by the learned Civil Judge.
(2.) I have examined the record of the proceedings. The plaintiff brought the present suit for the recovery of a sum of Rs. 85/- as principal and Rs. 20/ - as interest. The parties had admittedly dealings with one another. The defendants purchased cloth from the plaintiff. They got a coat sewn by him. The defendants stated in the written statement that they purchased a coat from the plaintiff and also a Dhoti and they paid for the same by delivering 4 seers of ghee. Further they claimed that they had lent a sum of Rs. 500/- to the plaintiffs which he had not paid. On the date on which the plaintiff was required to produce his evidence he only brought his account books which were inspected by the Panchayat which came to the conclusion that they were maintained in the regular course of business, that balance were struck daily and that there was no reason why they should not be relied upon. The defendants were called upon to produce their evidence. They did not give any oral or documentary evidence to rebut the account books. The Panchayat decreed the suit for Rs. 85/ -. On behalf of the defendants it is contended before me that the suit could not have been decreed as the plaintiff neither himself appeared as a witness nor examined any other witness orally. Reliance is placed on rule 143 (2) of the Rajas-than Panchayat and Nyaya Panchayat Rules, 1961. Rule 143 runs as follows : Hearing of suits - (1) On the date fixed for hearing a suit, the defendant shall, if present, be examined orally for ascertaining whether he admits the claim and, if he admits it, a decree shall be passed against him accordingly. (2) If the defendant does not admit the claim the suit shall proceed and the plaintiff (if he offers himself as a witness) and his witnesses shall be examined first and thereafter the defendant (if he offers himself as a witness) and his witnesses shall be examined. " I am unable to accept the contention that it is necessary in every case for a plaintiff to examine oral evidence before his suit can be decreed. No mention is made of the documentary evidence under rule 143. In my opinion it is open to the plaintiff to rely only on documentary evidence in support of his claim as was done in the present case. The provisions of the Evidence Act are not applicable to proceedings before a Nyaya Panchayat. It was therefore not necessary for the plaintiff to depose about the correctness of his account books before the Nyaya Panchayat. The only rule applicable to the proceedings before the Nyaya Panchayat is the rule of natural justice and there was no violation of it. I accordingly dismiss the writ petition with costs. .;