Court : Rajasthan
Decided on : Sep-25-1952
Reported in : AIR1953Raj211
Sharma, J. 1. This is the plaintiffs' appeal, and has arisen out of a suit for the recovery of Rs. 510/- against the defendant-respondent.2. The plaintiffs alleged that the defendant's lather, Gomla, had money dealings with the plaintiffs' firm, and that on Magh Sudi 11, Samwat 2000, corresponding to 4-2-ly44, according to the account, a balance of Rs. 376/2/-was found against Gomla, the father of Gidna defendant, and that a balance was struck in the khata and thumb marked by Gomla. Interest was stipulated at the rate of Rs. 1/9/- per cent per mensem. After the striking out of this balance, Gomla died, and Gidha, son of Gomla, has been sued for the recovery of the amountof Rs. 376/2/- principal and Rs. 133/14/- interest, total Rs. 510/-. 3. It was pleaded by Gidha defendant, 'inter alia' that the document in suit was a promissory note, and was insufficiently stamped, inasmuch as it was chargeable with a stamp duty of 2 annas, whereas a stamp onlyof the value of 1 anna had been affixed....
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