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1952 Supreme(All) 23

RAGHUBAR DAYAL
KANHAI LAL – Appellant
Versus
BRIJ NANDAN – Respondent


Advocates Appeared:
H.C.Sharma, MAJEEDUDDIN, Shankar Sahai Varma

RAGHUBAR DAYAL, J.

( 1 ) THIS is a revision against the judgment of the Small Cause Court Judge, dismissing the plaintiffs suit for the recovery of Rs. 300 paid by him to the defendant and for which the defendant had executed a promissory note and a receipt. The suit was dismissed on the finding that the promissory note was improperly stamped and that oral evidence to prove the loan transaction was inadmissible in view of the fact that the promissory note contained all the terms of the contract.

( 2 ) THE material portion of the promissory note in suit is in these terms :

"i have at this time borrowed Rs. 300 half of which Rs. 150 in cash according to my needs from you, I shall pay this amount of yours with interest at eight annas per cent. per mensem on demand and have, therefore, written these few sentences by way of a stamped promissory note so that they be of use in time of need. "

These expressions to nay mind are exactly those which were the subject matter of discussion in the case reported in Ram Nath v. Bhagwati Prasad, 1945 ALL. L. J. 483. It was decided in that case that these expressions included all the substantial terms of the contract of loan and that, therefore, no ora






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