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1958 Supreme(Raj) 182

D.M.BHANDARI
BHANWARLAL – Appellant
Versus
GULABCHAND – Respondent


Advocates Appeared:
M.L.Joshi

Judgment


D. M. BHANDARI, J.

( 1 ) THIS is a civil second appeal on behalf of Bhanwarlal against whom Gulabchand plaintiff-respondent brought a suit for the recovery of Rs. 1,486-5-9 in the Court of the Munsif, Phalodi. The suit is based on a promissory note Ex. P-1 dated 9-51949 executed at Phalodi for Rs. 1,260/ -. The front portion of Ex. P-l is a promissory note signed by the defendant. On the back portion are four stamps of 0-1-0 each of the then Jodhpur State cancelled by the alleged signature of the defendant. Below that there is the attestation by one witness Ramchandar. The plaintiff alleged that the defendant borrowed the amount of Rs. 1,260/- and executed Ex. P-l. The defendant denied the case of the plaintiff in toto. He denied to have borrowed the amount of Rs. 1,260/-and to have executed the document ex. P-1. Both the lower Courts have decreed the suit of the plaintiff holding that the defendant had borrowed the amount of Rs. 1,260/- from the plaintiff and had executed the front portion of Ex. P-1. Regarding the back portion both the Courts have come to the conclusion that the four stamps were not affixed at the time of the execution of the document but were affixed by











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