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1959 Supreme(Raj) 2

K.L.BAPNA, JAGAT NARAYAN
Gordhansingh – Appellant
Versus
Suwalal and Kalyanbux – Respondent


Advocates:
Shyam Beharilal for R.C. Sharma, (in No. 81 of 56) :J.P. Jain (in No. 130 of 56) and C.B. Bhargava (in No. 156 of 56), for Appellants; P.N. Dutta (in No. 81 of 56) and R.A. Gupta (in Nos. 130 and 156 of 56), for Respondents.

Judgement

JAGAT NARAYAN, J. :- These three revision applications have been filed by the defendants in three suits for the recovery of money. They have been, referred to a Division on account of the importance of the question involved in them, namely whether a particular document is a promissory note within the meaning of Section 2(22) of the Stamp Act which runs-

"Promissory Note" means a promissory note as defined by the Negotiable Instruments Act, 1881; it also includes a note promising the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen :

In Section 4 of the Negotiable Instruments Act promissory note is defined as follows -

A "promissory note" is an instrument in writing (not being a bank note or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.

The definition is followed by a number of illustrations out of which three may be reproduced here -

(a) "I promise to pay B or order Rs. 500/-."

(b) "I acknowledge myself to be indebt






























































































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