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Prahlad Prasad – Appellant
Versus
Bhagwan Das – Respondent
JUDGMENT
1. The plaintiff-appellant here had advanced certain moneys to the defendant, In accordance with the common practice he sent to the defendant, on the 29th September 1922, a statement of account, which is Ex. 2 in the case, in which he showed that Rs. 2,366-2-6 were due to him from the defendant. This is the last account which was sent in to the defendant. On that account the defendant endorsed an acknowledgment that Rs. 2,366-2-6 remained due from him to the plaintiff and added the words "interest at annas 12 per cent. per mensem." A reference to this memorandum signed by the defendant is made in para. 3 of the plaint, and in para. 5 of the plaint the plaintiff further states that the correctness of the statement of account is supported by his account books. The trial Court decreed the plaintiff's suit. The lower appellate Court held that this document (Ex. 2) was merely an acknowledgment of the amount due from the defendant and that it came within Article 1, Stamp Act, and that as such it required a one-anna stamp, and not having been stamped was inadmissible in evidence.
2. Neither party has been able to put before us very clearly the circumstances in which the trial Court
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