Dave, J.—This is an application in revision by the defendant against the order of the District Judge, Pratapgarh, dated the 7th of December 1953 permitting the plaintiffs unstamped document to be admitted in evidence on payment of penalty.

2. In order to appreciate the point in issue it would be proper to narrate the facts in brief The plaintiffs Tarachand and others brought a money suit against the defendant petitioner on the basis of certain entries in their account-books It was averred by them that on Kati Sud l,Smt. 2008, corresponding to 31st of Oct., 1951, the defendant settled with the plaintiffs his account whereby a balance of Rs. 1734/12/-was found outstanding against him. The defendant, therefore,executed a Khata in their accounts-book for the said amount and promised to pay interest on the said amount at Re. 1 per cent per mensem. Thereafter, on Magh Vad 6 Svt. 2008 corresponding to 20th of November, 1951, the defendant obtained a further loan of Rs 8001/- at the same rate of interest and made an entry to that effect in the same khata in dis own hand. It was prayed that the defendant having failed to pay up the said loan, a decree for Rs.11,045/6 with interest pendente l

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