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1911 Supreme(All) 10

TUDBALL
Janki Prashad – Appellant
Versus
Thakur Das Mukherjee – Respondent


JUDGMENT

Tudball, J. - This is an application for revision u/s 25 of the Provincial Small Cause Courts Act, It rises out of the following circumstances: In 1902, the applicant advanced a sum of Rs. 50 to the opposite parties on a promissory-note at the rate of Rs. 37 1/2 per cent, interest per annum. In February 1903, he sued to recover his money plus interest. His claim was for Rs. 54 odd, a payment of Rs. 5 haying been already made. He obtained a decree and put it into execution several times without success. Finally, in January 1909, when one of the judgment-debtors, who is a Railway servant, had been transferred to Allahabad, he put his decree into execution. He allowed certain payments as having been made. One of the judgment-debtors came to Court and filed an objection to the effect that he paid off the whole amount of the decree. He produced some nine receipts, six of these covered sums which the decree-holder had allowed in his application as having been paid. In the case of one receipt, the decree-holder admitted having received a sum of Rs. 5 and urged that the figure I had been inserted and the receipt altered. In the case of the other two receipts, the decree-holder tota

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