Gill J:

[1] This is an appeal from a decision of the magistrate's court, Kuala Lumpur, dismissing the action in that court by the plaintiff-appellant against the defendant-respondent for the recovery of a sum of $1,000 being money lent.

[2] The facts of the case are relatively simple. The plaintiff's evidence in support of his claim in the magistrate's court was that on 3 December 1958 the defendant, whom he had known for over ten years, approached him for a loan of $1,000. He agreed and lent the money as requested, whereupon the defendant gave him a document in the following terms:

"This is to acknowledge receipt of the sum of $1,000 (dollars one thousand only) by me the undersigned v. Retnam, identity card No SL. 120601 of No 21, Main Road, Setapak, Kuala Lumpur from Mr Subramaniam son of Somaloo, identity card No SL. 364907, residing at 3 Mile, Setapak, Kuala Lumpur, free of interest.

I hereby undertake and bind myself to repay the said sum of $1,000 with no interest to Mr Subramaniam son of Somaloo after the month of November, 1959 and this shall not be negotiable or transferable to any one by the said Subramaniam.

Dated this 3rd day of December, 1958."

[3] The document was d