JAGAT RAM Vs. HAWA SINGH

JUDGEMENT

(1.) The plaintiff has filed this appeal assailing the order passed by the High Court of Punjab and Haryana on 14 August, 1991 summarily dismissing the second appeal RSA No. 986 of 1991 by passing a cryptic order "no merit, dismissed. "

(2.) The appellant filed the suit for realisation of Rs. 15,000/- with interest from the respondent on the allegations, inter alia, that on 3rd July, 1985 he had advanced the said sum as loan to the defendant with interest at the rate of Rs. 1.50 per month with the stipulation that the amount will be repaid by January, 1986. Asa token of receipt of the amount the entry signed by the defendant was made in the account book maintained by the appellant (Bahi Entry). Since the respondent failed to repay the amount within the stipulated period the plaintiff sent a notice to him on 2nd June, 1988. Still there was no response from the defendant. Thereafter the suit was filed on 16 july, 1988.

(3.) The case pleaded by the defendant was that he had put his signature on the document (Bahi entry) when he was in an inebriated state. In fact, he did not receive the sum of Rs. 15,000/- on the date as alleged by the plaintiff. He also pleaded that he had some previous transactions of loan with the plaintiff which he had repaid.