RAKESH KUMAR GARG,J. - (1.) FOR the reasons recorded in the application, delay of 42 days in refiling the appeal, is condoned. CM stands disposed of. This is defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit for recovery of Rs.2 lacs along with interest at the rate of 12% per annum from the date of execution of pronote till filing of the suit and at the same rate till decision of the suit by the trial Court and at the rate of 6% per annum till its realization, has been decreed.
(2.) AS per averments made in the plaint, the defendant took a loan of Rs. 2 lacs from the plaintiff and on 25.04.2002 executed a pronote and receipt in favour of the plaintiff by putting his thumb impression on it in the presence of marginal witnesses who attested the receipt and rate of interest was fixed at the rate of 1.5% per month. It is further stated that the defendant has not paid anything in spite of repeated requests. Hence the present suit. Notice of the suit was given to the defendant-appellant who appeared and filed written statement taking various legal objections. On merits, it was stated that the defendant used to sell his crop through the plaintiff-firm. The defendant is an illiterate person. At the time of selling the produce, the plaintiff used to obtain his thumb impressions on blank papers. The defendant also sold Haari crop on 19.04.2002 and at the time of selling the produce, if the plaintiff has obtained his thumb impression on an empty pronote, he might have prepared the pronote in question on the basis of said thumb impressions and the defendant is not bound by it. The defendant has already filed a suit for rendition of accounts against the plaintiff and present suit is a counter-blast of the said suit by preparing forged and fabricated pronote and receipt. It was further stated that the defendant never obtained a sum of Rs. 2 lacs as alleged. Execution of the pronote and receipt in favour of the plaintiff was also denied. Thus, dismissal of the suit was prayed for.
(3.) AFTER hearing learned counsel for the parties and going through the evidence on record, the trial Court decreed the suit of the plaintiff- respondent with costs for recovery of Rs. 2 lacs along with interest @ 1.5% per month, from the date of execution of pronote and receipt, till that day. Further, plaintiff was entitled to claim future interest @6% per annum, on principal amount only, from that day till actual realization of entire decretal amount.;