RAJ MOHAN SINGH, J. - (1.) Plaintiff has preferred this Regular Second Appeal against the judgment and decree dated 24.08.2010 passed by Additional District Judge (Adhoc) Fast Track Court, Mansa vide which judgment and decree dated 13.11.2009 passed by Civil Judge (Senior Division) Mansa was set aside and suit of the plaintiff was dismissed with costs throughout.
(2.) Brief facts of the case as gathered from the record are that plaintiff fled suit for recovery of Rs.2,12,650/ - on the basis of pronote and receipt dated 18.06.2007 on the ground that the defendant had borrowed a sum of Rs.2,00,000/ - from her on 18.06.2007 with interest @ 1% per month and had also executed a pronote and receipt in her favour in the presence of witnesses. However, the amount was not paid towards principal or interest till filing of the suit despite the request made by the plaintiff. Hence the suit for recovery of Rs.2,12,650/ - (Rs.2,00,000/ - being the principal amount and Rs.12,650/ - as interest calculated @1% per month till filing of the suit) was filed.
(3.) The suit was contested by the defendant on all counts. He alleged that plaintiff had not obtained any money lending licence. The suit was filed on wrong facts. The alleged pronote and receipt were without consideration. The suit was contested on other counts of limitation and locus standi. Defendant denied that he ever obtained any loan from the plaintiff, nor he executed any pronote and receipt in favour of the plaintiff. The alleged pronote and receipt were claimed to be forged and fabricated and without consideration.;