MOHINI KAPUR, J.—In Bahi of the plaintiff respondent, there is an entry in the following words:—

^^(kkrksA lk- Jh fkojkt th ekyik.kh nsoth Nko.kh okyk o lk- Jh nqxkZyky th eqjD;k okyk dks fefr dkrh lqn 2035 dksA

40)000@& jksdM+h nhuk :i;k pkyhl gtkj th.k dks C;kt izfr 1@& lSdM+k ekfld) ls tksM+dj tc Hkh vki ysuk pkgsaxs tek djk nsaxsA

g- fkojkt g- nqxkZyky

This is signed by the defendant-appellant but does not bear any stamp. An objection was raised before the learned District Judge, Tonk, where the suit on the basis of this Khata was pending, that the document which is a pronote, being unstamped, is not admissible in evidence.

2. Learned District Judge considered the intention of the parties and after referring to certain decisions held that the intention of the parties was to execute a Khata in the Bahi of the plaintiff and it was not a pronote, so as to say that it is inadmissible in evidence on account of being unstamped. This decision has been challenged in this appeal by the defendant-appellant. The promissory note has been defined under Section 4 of the Negotiable Instruments Act, 1881, is as under:-

"S.4. A "Promissory note" is an instrument in writing (Not being a bank note or a

Click Here to Read the rest of this document