Charapotta Kanur Kesavan Nayar v. Kummankuzhi Ezhuvan Kunchus son Velu
1940-05-01
WADSWORTH
body1940
DigiLaw.ai
JUDGMENT Wadsworth, J. 1. 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 under Section 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 Munsifs Court.