RAKESH KUMAR JAIN,J. - (1.) THE defendant is in appeal against the judgment and decree of the first Appellate Court whereby suit of the plaintiffs for recovery has been decreed.
(2.) IN this appeal, the defendant-appellant has raised two questions of law : (i) Whether the suit can be filed by the legal representatives in respect of the recovery of a debt without obtaining succession certificate in view of the provisions of Section 214 of the Indian Succession Act, 1925 ? (ii) Whether pronote Ex.P1 is a paper transaction in the absence of proof of the capacity of the loaner which could prove the payment of consideration ? In brief, the facts of the case are that defendant Kaka Singh took a cash loan of Rs. 3 lacs from Pawan Kumar on 6.12.1995 after executing a pronote (Ex.P1) and receipt (Ex.P2) on interest @ 1.50% per month. Pawan Kumar (Loaner) died on 16.12.1995 and his legal representatives filed the present suit on 30.11.1998 for recovery of Rs. 4,60,000/- on account of principal amount of Rs. 3 lacs and interest of Rs. 1,60,000/-. Notice of the suit was issued to the defendant-appellant. He denied that he had taken the cash loan of Rs. 3 lacs from Pawan Kumar by executing a pronote and receipt in the presence of the marginal witnesses. It was alleged that pronote is without consideration. It was further alleged that pronote and receipt are the result of fraud and misrepresentation because he used to sell his agricultural produce at the shop of Parshotam Dass in Grain Market Nabha for about 12/13 years but he never took loan from Pawan Kumar as he has no dealing with him. It was also alleged that when the defendant was selling his agriculture produce at the shop of Parshotam Dass he used to obtain the thumb impression of defendant on blank papers on the pretext of paying the price of the crop. The pronote and receipt were denied on the ground of fraud and misrepresentation.
(3.) THE plaintiff filed replication controverting the averments made in the written statement and reiterated the stand taken in the plaint.;