S.ACHARYA
LOKANATH MAHARANA – Appellant
Versus
A. B. MOHANTY – Respondent
S. ACHARYA, J.
( 1 ) THIS Civil Revision has been filed under Section 25 of the Provincial Small cause Courts Act (hereinafter referred to as the 'act') by the unsuccessful defendant.
( 2 ) THE plaintiff is a medical practitioner. His suit is for realisation of Rs. 96/- as balance medical attendance dues on the defendant, Rs. 36/- as damages for non-payment of the afroesaid amount, and for interest on the said amounts and costs of the suit.
( 3 ) THE defendant denied the plaint allegations and pleaded that he had paid in full the plaintiffs dues and obtained receipts from him to that effect.
( 4 ) THE trial Court, on a perusal of the oral and documentary evidence produced by both the parties, has decreed the plaintiff's aforesaid claim only in respect of rs. 96/- and directed payment of the same with future interest, proportionate costs of the suit and pleader's fees as specifically mentioned in the judgment.
( 5 ) MR. Sahoo, the learned counsel for the petitioner, contended that in view of the fact that the defendant adduced documentary proof of payment of the medical fees by him to the plaintiff, the court below was not justified in discarding the said evidence merely on an
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