Kanhaiya Singh, J.

1. This appeal is by the plaintiff from a decision of the Subordinate Judge dated 29-11-1950, reversing the decision of the Munsif dated 16-6-1950. The suit giving rise to the present appeal was founded upon handnote alleged to have been executed by the defendant in favour of the Plaintiff for a consideration of Rs. 1275/-. The defence was a total denial of the allegations made by the plaintiff. The defendant denied that he had borrowed any sum from the plaintiff. As to the document purporting to bear his thumb, mark, the defendant offered an explanation of the circumstances in which he happened to place his thumb mark on it According to him, there was a panchaiti some years before the institution of the suit in which his thumb mark was taken on a blank piece of paper which was subsequently utilised by the plaintiff for the handnote sued upon. In short, he denied both the execution of the hand-note and the passing of consideration thereunder.

2. The learned Munsif believed the evidence of the plaintiff and decreed the suit. On appeal, the learned Subordinate Judge in a well reasoned and well-considered judgment upset the finding of the learned Munsif and