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1932 Supreme(Oudh) 77
HIGH COURT OF OUDH
Srivastava, Kisch, JJ.
Bhagwan Bakhsh - Appellant
Versus
Parag Narain - Respondent
Decided On : 20-07-1932
JUDGMENT
Srivastava and Kisch, JJ - This is an application for revision against the decree dated 23rd December 1930 passed by the learned Subordinate Judge of Sitapur in the exercise of his Small Cause Court jurisdiction. The suit which has given rise to this application was based on a promissory note for Rs. 270 dated 11th November 1927. Admittedly the promissory note is insufficiently stamped and is therefore inadmissible in evidence. The learned Subordinate Judge decreed the claim on the ground that the defendants had admitted the liability. This admission consisted only in an admission of the genuineness of the promissory note. The promissory note in suit was executed in lieu of an earlier promissory note of November 1924, which in its turn was in lieu of a promissory note dated 15th December 1922. It is admitted that no consideration was paid in cash at the time of the execution of the promissory note in suit. The claim on the basis of the earlier promissory notes of November 1924 and 15th December 1922 is barred by time. We are therefore of opinion that the promissory note in suit being inadmissible in evidence, and the liability under the earlier promissory notes having been extinguished by efflux of time the present suit must fail. We accordingly allow the application, set aside the decree of the lower Court and dismiss the suit with costs.
