WANCHOO, C. J.—This is an appeal under sec. 18(2) of the Rajasthan High Court Ordinance (No. XV) of 1949 from the judgment of a Single Judge of this Court.

2. The appellant was defendant in the suit. The plaintiffs Daudas and Mohanlal sued for recovery of Rs. 411/- consisting of Rs. 300/- as principal and the rest as interest. The suit was based on document Ex. P. 1, dated Baisakh Sudi 11, Svt. 1997. The defendant contended that the document in question was inadmissible in evidence under Art. 1 Schedule I of the Indian Stamp Act, and under the Marwar Stamp Act of 1914 in force on the date of the execution of the document, as it required a stamp of one anna, and as it did not bear the stamp, could not be admitted under the law in force at the time when it was put in force in court. This contention was accepted by the trial court, and the suit was dismissed. There was an appeal to the District Judge, which was also dismissed. Then there was a second appeal to this Court which has been allowed by the learned Single Judge. (Daudas vs. Ratanlal (1954 RLW 123).) He has held that Art. 1, Schedule I of the Indian Stamp Act does not apply, the document did not require any stamp at all. He ad

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