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1933 Supreme(All) 168

KENDALL
Pandit Gajadhar Prasad Sharma – Appellant
Versus
Mahesh Narain Singh, Babu – Respondent


Advocates appeared:
Ishaq Ahmad, For the Appellant / P.N. Sapru, For the Respondent

JUDGMENT

Kendall, J. - This is an application for the revision of an order of the Judge of the Small Cause Court of Allahabad, decreeing the Plaintiff's suit. The Plaintiff sued for the price of oil supplied to the Defendant, and the suit was contested on the ground that the amount claimed by the Plaintiff on account of oil was not correct. Both parties therefore produced evidence including their own accounts, and the Judge decided that the Plaintiff's case was proved. Part of the evidence produced on behalf of the Plaintiff consisted of two documents which the Court refers to as vouchers. It is argued in revision that these documents were promissory notes or bonds, that they were not properly stamped, and consequently that they were inadmissible in evidence, and more than that, as they themselves were not admissible in evidence, no other evidence on the subject should have been admitted by the Court u/s 91 of the Evidence Act. I have had the documents read to me and it appears to me that they were undoubtedly acknowledgments as defined in Article I of Schedule I of the Indian Stamp Act, 1899. Each of them therefore required a one-anna stamp, and the first of them which is an acknow

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