Hemant Gupta, J. - (1.) C.M. No. 6970 -C of 2006. For the reasons mentioned in the application, the delay of 8 days in filing the appeal, is condoned subject to all just exceptions. R.S.A. No. 2892 of 2006.
(2.) THE defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below whereby suit of the plaintiff for recovery of Rs. 1,72,000/ - on the basis of Pronote and Receipt, was decreed. It is the case of the plaintiff that defendant borrowed Rs. 1,00,000/ - from the plaintiff on 25.2.2001 on interest @ 2% per month and executed a Pronote and Receipt in favour of the plaintiff. Since the defendant has failed to return the amount, therefore, the present suit for recovery was filed.
(3.) THE defendant denied the execution of the Pronote and Receipt and alleged that the Pronote and Receipt are forged, fabricated and without consideration. It is alleged that the plaintiff is running a Karyana shop in the village and also runs the business of the Commission Agent. The defendant had been selling his crops through the Commission Agent shop of the plaintiff for a long time. The defendant stopped visiting the shop of the plaintiff as the plaintiff did not render the accounts of sale of crops to the defendant. Subsequently, the accounts were settled and it was found that plaintiff owes some amount to the defendant, but nothing was due against the defendant.;