MT. RAMPATI KUER AND OTHERS Vs. JADUNANDAN THAKUR AND OTHERS

JUDGEMENT

(1.) Civil Revision No. 130 of 1967 and No. 757 of 1965 were heard together and will be disposed of in one Judgment. One Jadunandan Thakur (Opposite Party No. 1 in Civil Revision No. 757 of 1965) filed a money suit (No. 19 of 1960) against Musammat Rampati Kuer and others (the petitioners), alleging that Musammat Rampati Kuer had executed a hand-note for Rs. 661 in his favour on the 4th May, 1958. The hand-note was filed along with the plaint in that money suit. The petitioners, however, alleged that the hand-note was a forgery. The revenue stamp affixed to the hand-note was proved to have been issued by the Government on the 1st October, 1958, several months after the date of the alleged execution of the hand-note, and this was perhaps one of the conclusive pieces of evidence to prove the forgery. The hand-note was alleged to have been scribed by Ramkhela-wan Thakur (Opposite Party No. 2), who signed the handnote also on behalf of the defendant Rampati Kuer.

(2.) At the early stage of the hearing of this petition we thought that with a view to finally decide the dispute the petitioners should be permitted to challenge the order of the appellate Court in Criminal Appeal No. 169 of 1961 declining to file a complaint for the prosecution of Ramashis Thakur. The petitioners then filed another revision petition, registered as Civil Revision No. 130 of 1967, on the 10th February, 1967, which was admitted after condoning the delay and heard along with Civil Revision No. 757 of 1965.

(3.) Three important questions of law arise for consideration here:--