- (1.) THIS is a plaintiff's second appeal against the judgment and decree dated 27th April, 1966, passed by the learned District Judge, Meerut, dismissing his suit for the recovery of Rs. 1500.00.
(2.) THE plaintiff-appellant had filed a suit for the recovery of Rs. 1,500.00 on the basis of a pronote and a receipt dated 11-6-1962 for Rs. 1,000.00 alleged to have been executed by the defendants and carrying an interest at the rate of one and a half per cent per mensem. Nothing was said to have been paid towards this loan. The defendant No. 1 alone contested the suit, inter alia, on the grounds that the defendants neither borrowed any amount nor executed the pronote and the receipt in suit; that the plaintiff had to get a joint wall of the parties re-constructed and the defendants were to bear half costs. In that connection the plaintiff obtained their thumb impressions on blank papers. It was alleged that they had paid Rs. 230.00 to the plaintiff as their contribution towards the cost of the construction of the wall.
(3.) THE learned trial court held that the pronote and the receipt were executed by the defendants for consideration of Rs. 1,000.00 and that nothing was paid towards it. He, therefore, decreed the suit for the recovery of Rs. 1000.00 with pendente lite and future interest at the rate of Rs. 6.00 per cent. The decretal amount was, however, allowed to be paid by six monthly instalments of Rs. 300.00 each.;