JUDGMENT

Deoki Nandan, J. - This is a plaintiffs second appeal in a suit for recovery of Rs. 1300/- on the foot of a Sarkhat dated 20th July, 1960 for Rs. 944/- . The rate of interest was Rs. 1 per cent per mensem. The defence was a total denial of the plaintiff,s claim and of the execution of the Sarkhat. The three issues on which the parties went to trial were :

1. Whether defendant took Rs. 944/- on 10-7-1960 and executed Sarkhat in suit?

2. Whether suit is barred by time".

3. To what amount is the plaintiff entitled?

The first issue was the crucial one, and inasmuch as the suit was filed on 20th July, 1963, issue No. 2 was answered by the trial Court by saying that the suit having been filed within three years of the date of the execution of the Sarkhat, no question of limitation arises. On the first issue the trial Court found in favour of the plaintiff and decreed the suit, but the lower appellate Court reversed that finding and dismissed the suit, hence this second appeal.

2. Learned counsel for the plaintiff-appellant attacked the finding of the lower appellate Court that the Sarkhat was a forgery and that the defendant had not borrowed the money claimed, as vitiated in law. It