Evidence Act, 1872–Sec. 45–Code of Civil Procedure, 1908–Order 37–Application under–Dismissal of–Suit for recovery of money based on the promissory note–Issue up to effect that the promissory note is forged or fraudulent–Application was filed after ten months and five days of filing the written statement–Petitioner had denied the execution of promissory note as well as he denied the signatures over it–He was to file the application at the time of filing the written statement–He filed the application with the view of procrastinate the trial of suit–Evidence of respondent-plaintiff is complete–Held, no case is made out for interference.
