P. N. BHAGWATI, M. U. SHAH, J.

( 1 ) THIS Letters Patent Appeal is directed against a judgment given by Raju J. in Second Appeal confirming a decree passed in appeal by the District Judge Broach dismissing a suit filed by the plaintiff to recover a sum of Rs. 5 100 alleged to have been lent and advanced by the plaintiff to the defendant on 21st June 1949. The defendant had also according to the plaintiff executed in favour of the plaintiff an instrument in writing dated 21st June 1949 in respect of this loan but since in the view of the plaintiff the instrument appeared to be a promissory note and on that view the instrument being unstamped would be inadmissible in evidence the plaintiff sued on the original cause of action. The defendant admitted execution of the instrument but his defence was that no moneys were lent and advanced to him against the instrument on 21 June 1949. According to the defendant the instrument though dated 21 June 1949 was actually executed on 14th June 1949 and the circumstances under which it came to be executed were as follows. On 16th January 1948 the defendant had executed a Khata for Rs. 3 0 in favour of the plaintiff and the amount due under that Kha

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