1. ' KHILJI ARIF HUSSAIN, J. --- When this matter was taken up yesterday i.e. 21.07.2011, the learned counsel for the respondent in reply to our query whether the promissory note bears adhesive stamps, stressed that if the promissory note do not bear adhesive stamps, he will have no objection to getting aside of the impugned order of the High Court as well as that of the Trial Court for this reason alone. In this view of the matter, we called for original record of the case for today's hearing, which is now before us; a perusal whereof reveals that the promissory note do not bear the adhesive stamps. This promissory note at the best is an acknowledgement of the amount, if any, received by the petitioner.
2. ' In above view of the matter, this petition is converted into appeal and allowed; consequently, the impugned judgment passed by the learned High Court as well as that of the Trial Court are set aside. However, the suit filed by the petitioners under Order XXXVII, C.P.C. Is directed to be treated as pending cause, which shall be transferred to the Court of competent jurisdiction for decision of the same as civil suit, following the ordinary procedure and not summary procedure under Order XXXVII, C.P.C. Since the suit was filed in the year 2005, the Trial Court seized of the matter shall expedite the proceedings and decide the same preferably on an early date. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.