SUKHMINDER SINGH Vs. NIRBHAI SINGH
LAWS(P&H)-2012-2-50
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 21,2012

SUKHMINDER SINGH Appellant
VERSUS
Nirbhai Singh Respondents

JUDGEMENT

- (1.) Defendant Sukhminder Singh, having lost in both the courts below, has filed the instant second appeal.
(2.) Respondent-plaintiff Nirbhai Singh filed suit against defendantappellant for recovery of Rs.5,07,500/- alleging that the defendant on 09.09.1999, borrowed Rs.3,50,000/- from the plaintiff and agreed to repay the same with interest @ 1.5% per month and executed pronote and receipt for the same, but defendant did not repay the principal and interest amount.
(3.) Accordingly, plaintiff sought recovery of Rs.3,50,000/- as principal amount and Rs.1,57,500/- as interest till filing of the suit i.e. total amount of Rs.5,07,500/-. 3. Defendant broadly denied the plaint averments. The defendant also denied having borrowed any amount from the plaintiff or having executed any pronote and receipt for the same. The defendant alleged that he had been selling his agricultural produce through M/s Jagroop Singh Lachhman Dass, Commission Agents. The said Commission Agents obtained thumb impressions/signatures of the defendant on blank/printed papers on the pretext of getting him bonus. Defendant filed suit for rendition of accounts against the said Commission Agents. The instant suit has been filed by fabricating the impugned pronote and receipt at the instance of the Commission Agents.;


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