Kalapnath Singh vs Surajpal Singh - 1948 Supreme(All) 198

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1948 Supreme(All) 198

MUSHTAQ AHMAD
Kalapnath Singh – Appellant
Versus
Surajpal Singh – Respondent

JUDGMENT

Mushtaq Ahmad, J. - This is a plaintiff's appeal arising out of a suit for recovery of money on root of two mortgage bonds executed in his in by the defendants-respondents. The only question argued before me was that the lower appellate Court was not justified in admitting as additional evidence copies of two decrees standing in the name of the appellant's son and filed by the respondents in that Court in order to show that the appellant was a creditor within the meaning of the Agriculturists' Belief Act.

2. The appellant had admittedly not maintained accounts or furnished copies of them to the defendants as required by Section 34 of the said Act. The question was whether in such circumstances he was liable to forfeit interest and also costs in the present suit. The trial Court found that the plaintiff-appellant was not a creditor and consequently decreed the suit with costs an appeal the respondents filed copies of the two decrees, one of 1943 and the other of 1945, as additional evidence, and on the basis thereof and also in consideration of the defendants' statement that the plaintiff had advanced a loan to one Nakchand the lower appellate Court came to the conclusion tha

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