LODHA, J.—The respondent Dilkhushlal filed a suit for recovery of Rs. 8537 against Onkarasingh, father of the plaintiffs in the present case, Shivesingh & Balpat Singh on the basis of rukka dated 7.8.1954 That suit was registered as Civil Suit No. 73 of 1951 in the court of Additional Civil Judge, Udaipur. Onkarsingh filed his written statement on 6.5.57 and resisted the plaintiffs suit on a number of grounds. A copy of this written statement has been placed on record, and marked Ex. 2. He denied the execution of the rukka and in the alternative pleaded that Dilkhushlal who had been his Kamdar some time back may have obtained his signature on the rukka by fraud. He pleaded that in any case the rukka was without consideration. He also pleaded the bar of limitation as well as challenged the maintainability of the suit on the basis of the rukka on the ground that the rukka amounted to only an acknowledgement which could not be made the basis of the suit. Learned Additional Civil Judge framed issues on the points of dispute raised by the parties in their pleadings The case was fixed for the plaintiffs evidence on 18.4.1958 on which date Onkarsinghs another son Jalam Singh to whom the g

Click Here to Read the rest of this document