MOHINDER PAL,J - (1.) BALDEV Singh (appellant-defendant) is in second appeal aggrieved against the judgment and decree passed by the lower appellate Court whereby judgment and decree passed by the trial Court was set aside and suit of the plaintiff-respondent to the extent of recovery of Rs. 60,000/- along with interest at the rate of six per cent per annum from the date of lending till realization was decreed.
(2.) I have heard the learned counsel for the parties and have gone through the records of the case. The defendant-appellant had borrowed a sum of Rs. 60,000/- from the plaintiff-respondent on 15.5.2002 at the rate of two per cent per month interest. A pronote and a receipt were executed by the defendant-appellant in favour of the plaintiff-respondent in this regard. The defendant had signed both these documents in the presence of the attesting witnesses. When the defendant failed to repay the loan amount, the plaintiff instituted the instant suit.
(3.) IN the written statement, the defendant denied having executed any pronote or receipt in favour of thee plaintiff; that he (defendant) being agriculturalist used to sell his crops at the shop of the plaintiff and his father, who were commission agents; that huge amount of the defendant was outstanding towards the plaintiff and his father; and that the defendant was an illiterate man who did not know how to sign.;