( 1 ) THE only question which is raised in this Second Appeal is about the correctness of the decision recorded by the two Courts that the instrument dated 30th December 1951 was a promissory note within the meaning of the Indian Stamp Act 1899 (XI of 1899) (hereafter called the Act) and as such inadmissible in evidence. Plaintiff-appellant brought the suit from which the Second Appeal arises for recovering a sum of Rs. 769-4-0 from defendant-respondent The claim was based on the aforesaid document dated 20th December 1951 When the document was sought to be got admitted in the trial Court defendant raised an objection that as the document was a promissory note within the meaning of sec 2 sub-sec. (22) of the Act and as it was not stamped as required by Article 49 of the Act the same was not admissible in evidence under sec. 35 of the Act. This contention was upheld by the trial Court and on that finding the suit of plaintiff was dismissed. Plaintiff preferred an appeal to the District Court Gohilwad at Bhavnagar

( 2 ) THE learned District Judge upheld the finding of the trial Court and dismissed the appeal.

( 3 ) MR. Hathi on behalf of respondent raises a preliminar