MALVANKAR.J -This is an appeal against the judgment and decree passed by the district Judge, Osmanabad, in Civil Appeal No. 34 of 1968, arising out of the decree passed by the Subordinate Judge, Osmanabad, in Civil Suit No. 52/1 of 1955.

2. The predecessor of the respondents one Hirachand Amichand filed the suit for recovery of Rs.5,2500, S. on the basis of pro-note date December 6, 1952, alleged to have been executed by one Shivlal Raoji, the predecessor of the present appellants. The original defendant contested the claim denying both the execution and consideration of the pro-note. He also contended that the so calle4 pro-note was a money bond and the same being not duly stamped, it was inadmissible ~n evidence. The plaintiff filed th~ rejoinder refuting the contentions raised by the defendant and giving the, history and the details of the consideration. The rest of the cantentions are not material for our purpose. The learned trial Judge, on the evidence placed before him by the parties on both the sides, came to the conclusion that there was no consideration for the pro-note, and that the so-called pro-note being a money bond not duly stamped, it was inadmissible in evidence.

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