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1952 Supreme(All) 78

MALIK
LILA SINGH – Appellant
Versus
CHAJJU SINGH – Respondent


Advocates Appeared:
B.D.GUPTA, J.Swarup

MALIK, CJ.

( 1 ) THIS revision under Section 25, Provincial Small Cause Courts Act (IX [9] of 1887) has been filed by the plaintiff.

( 2 ) THE plaintiff filed a suit in the Court of Small Causes at Moradabad to recover Rs. 980-8-0. The allegations in the plaint were that on 23-8-1944, the defendant borrowed from the plaintiff a sum of Rs. 900 in cash and it was agreed between the parties that the amount would be repayable on demand and would carry interest at Re. 1 per cent. per month. That the defendant had paid a sum of Rs. 80 only and the claim was for the balance. The plaintiff alleged that a promissory note and a receipt were executed but the promis sory note was misplaced and it could not, there fore, be filed. The receipt was filed in Court.

( 3 ) THE defendant denied the execution of the promissory note or the receipt. He further denied that he had borrowed any money from the plaintiff.

( 4 ) AT the trial a suggestion was made to the effect that one Tori Singh might have handed over a blank paper bearing one anna stamp with defendants thumb mark on it which the plaintiff might have utilised in making out the receipt which he had. filed. The receipt was sent to the Finger pr








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