High CourtsDivision Bench(1940) 05 MAD CK 0007

Charapotta Kanur Kesavan Nayar vs Kummankuzhi Ezhuvan Kunchu's son Velu

Madras High Court · Decided on 1 May 1940 · Citation: AIR 1940 Mad 909 : (1940) 52 LW 306 : (1940) 2 MLJ 238

HON’BLE JUDGES
Wadsworth, J

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Judgment

6 paragraphs · 138 words

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.