ISHWAR Vs. CHANDER SINGH

JUDGEMENT

(1.) This is the second appeal filed by the defendant in a suit instituted by the respondent, seeking recovery of a sum of Rs.3 lacs which the respondent-plaintiff claimed had been borrowed by the appellant-defendant on 05.05.2007, with a promissory note having been duly executed by the appellant to that effect, and a receipt of the aforesaid amount also having been acknowledged by the appellant, both the pronote and the receipt having been exhibited in evidence as Exhibits P-1 and P-2 respectively.

(2.) To prove the execution of the aforesaid pronote and receipt of the sum borrowed by the appellant pursuant thereto, the respondent-plaintiff examined the marginal witness to the receipt, i.e. Rakesh Kumar, as PW-2, as also the Deed Writer of the pronote, i.e. one Rajinder Singh, as PW-1. The plaintiff also examined himself as PW-3 and one Yashpal Chand Jain, handwriting & finger print expert, as PW-4.

(3.) The appellant in his written statement, other than taking the usual preliminary objections on non maintainability of the suit, lack of cause of action, locus standi etc., on merits had completely denied ever borrowing the aforesaid amount from the respondent-plaintiff or having ever executed any pronote and receipt, which he claimed had been prepared by the plaintiff by playing a fraud upon him.