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A.K.SHRIVASTAVA, BRIJ KISHORE DUBE
Khamir Singh – Appellant
Versus
Radheshyam Bansal – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Shri D.D. Bansal, Advocate.
For the Respondent:Shri Jitendra Sharma, Advocate.

ORDER

A.K. Shrivastava, J.—Feeling aggrieved by the order dated 3.9.2009 passed by the Additional Judge to the Court of Civil Judge Class I, Shivpuri in Civil Suit No.4B/2009 dismissing two applications filed by the defendant/petitioner one under Section 11 of the Stamps Act read with Rules 15 and 17 of the M.P. Stamp Rules and another under Order XIV Rule 5 read with section 151 of C.P.C., the petitioner has filed this writ petition under Article 227 of the Constitution of India.

2. No exhaustive statement of facts is required to be narrated for the purpose of disposal of this writ petition, suffice it to say that a suit on the basis of promissory note executed by defendant Petitioner in favour of plaintiff/respondent has been filed for realisation of a sum of Rs.41,000. According to the plaint averments, the defendant/petitioner executed a promissory note on 15.3.2006 for Rs.30,000 in favour of plaintiff/respondent and took loan amount of Rs.30,000. It was agreed between the parties that the said amount will be paid alongwith interest at the rate of two per cent per annum whenever the demand is made by the plaintiff. Since the amount of promissory note was not paid, hence, the plai

































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