Jaikumar Shivlal Shah v. Motilal Hirachand Gandhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1973 Supreme(Online)(Bom) 1

BOMBAY HIGH COURT
R. J. Kothari, J
Jaikumar Shivlal Shah v. Motilal Hirachand Gandhi

Advocates:
For the Appellants: Mr. Sathe
For the Respondents: Mr. Deshpande

Table of Content
1. dispute on enforcement of debt recovery based on document (Para 1 , 2)
2. challenges on execution and consideration of document (Para 3 , 4)
3. classification debate: promissory note vs. bond (Para 5 , 6 , 7)
4. judicial interpretation post amending act 8 of 1919 (Para 8 , 9)
5. court’s final ruling on the matter (Para 10 , 11 , 12)

1. This is an appeal against the judgment and decree passed by the District Judge, Osmanabad, in Civil Appeal No. 34 of 1968, arising out of the decree passed by the Subordinate Judge, Osmanabad, in Civil Suit No. 52/1 of 1955.

2. The predecessor of the respondents one Hirachand Amichand filed the suit for the recovery of Rs. 5250/- O. S. on the basis of a pro - note dated 6th December 1952 alleged to have been executed by one Shivlal Raoji, the predecessor of the present appellants. The original defendant contested the claim denying both the execution and consideration of the pro - note. He also contended that the so - called pro - note was a money bond and the same being not duly stamped, it was inadmissible in evidence. The plaintiff filed his rejoinder refuting the contentions raised by the defendant and giving the history and the detai