PANIGRAHI
MUHAMMAD KHAN – Appellant
Versus
GOURISHANKAR MISRA – Respondent
PANIGRAHI, C. J.
( 1 ) THIS is a revision directed against an order of acquittal passed by the Sessions judge, Sambalpur, in an appeal against the conviction of the opposite party, Gouri shankar Misra, who is said to be a Pleader of Sambalpur. The facts giving rise to this petition are that the opposite party filed Money Suit No. 213 of 1936 in the court of the Munsiff, Sambalpur, on the foot of a money-bond, Ext. A-1, dated 226-32, against one Kruttibas Naik who is said to be his maternal uncle. The debt was originally contracted by Kruttibas Naik and his brother from the father of the opposite party. One of the debtors paid up his share of the debt and for the share of Kruttibas a fresh bond was taken in the name of the opposite party. The bond recites :
"prom your father, I and my brother had incurred a loan of Rs. 500/- by executing a bond, towards the interest of which we had paid Rs. 120/ -. Rs. 366/- is the share payable by me, being half of the total dues thereunder. As the dues under that bond have fallen to your share and as I am unable to repay the same, I execute this bond acknowledging my liability to pay Rs. 366/ -. I stipulate to pay you within one year the amount w
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