Rakesh Kumar Jain, J. - (1.) THE defendant is in appeal against the judgment and decree of both the Courts below.
(2.) THE plaintiff filed suit for recovery of Rs. 71,350/ -, out of which Rs. 30,000/ - and Rs. 25,000/ - are towards principal and Rs. 10,350/ - and Rs. 6000/ - towards interest. The case of the plaintiff is that the defendant had borrowed a sum of Rs. 30,000/ - from him on interest at the rate of 1.5% per month on 19.5.2004 after executing pronote and receipt (Exs. P1 and P2) and thereafter again on 28.1.2005, borrowed Rs. 25,000/ - at the same rate of interest after executing another pronote and receipt (Exs. P -3 and P -4). The defendant did not repay the amount despite request and demand and hence the present suit has been filed.
(3.) THE case of the defendant is that he did not borrow any amount from the plaintiff and thus, there was no question of executing any pronotes and receipts in his favour. It is also alleged that both the documents, namely pronote and receipt are fabricated and forged documents.;