AI Structured Summary
Not yet generated for this judgment
Judgment
Wadsworth, J.—I do not consider that the District; Munsif is right in treating the lack of direct evidence of execution of the promissory note
as a material irregularity sufficient to justify interference u/s 73 of the Village Courts Act. The village Court was satisfied by comparison of the
signature with that found on an admitted document and by a consideration of the admitted circumstances that the promissory note was executed by
the defendant. The mere fact that a decree was given on a lesser degree of proof than would have been required by the Court of a District Munsif
is not sufficient to constitute a material irregularity justifying interference in revision. There has been no injustice. I set aside the order of the District
Munsif and restore the decree with costs here and in the District Munsif''s Court.
