Code of Civil Procedure, 1908–Order 37–Evidence Act, 1872–Sec. 73–Suit for recovery of money–Dismissal of–First Appellate Court reversed the findings and decreed the suit–Justification–Trial Court concluded on the basis of the evidence and material available on record that the plaintiff failed to prove the execution of the promissory note–It compared the signatures by exercising the powers u/s. 73 and found that the signatures on the pronote were not found matched–This Court has also examined the signatures, and a single alphabet is not found matched–First Appellate Court merely relied upon the evidence of DW 2–It has not countered the reasons assigned by the Trial Court–Findings recorded by the Trial Court are liable to be restored.
