A. R. BAKSHI, P. N. BHAGWATI, J.

( 1 ) THIS revision application arises out of a suit filed by the plaintiffs against the defendants to recover a sum of Rs. 3 600 being the amount of three instalments due and payable by the defendants to the plaintiffs under a document Exhibit 4/1 executed by defendants Nos. 1 and 2 in favour of the plaintiffs. The plaintiffs also relied on another document Exhibit 4/2 in support of this claim though the claim was rested primarily on the document Exhibit 4/1. The defendants amongst various defences raised by them in the written statement urged that the documents Exhibits 4/1 and 4/2 were promissory notes and since they were inadequately stamped they were not admissible in evidence. One of the issues framed by the trial Court namely issue No. 3 therefore raised the question whether the documents Exhibits 4/1 land 4/2 were promissory notes and hence inadmissible in evidence. At the trial of the suit when the plaintiffs partner Chimanlal Jagjivandas was in the witness-box and was being examined in chief the documents Exhibits 4/1 and 4/2 were sought to be tendered in evidence and an objection was therefore raised on behalf of the defendants against the

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