SUDHIR SHRIKANT MIRJE NIPANI Vs. KRISHNAJI MARUTIRAO SHENDURE

JUDGEMENT

(1.) THE plaintiff is the appellant. The suit based on money, was decreed by the trial court. But, on appeal dismissed by the first appellate court. Hence, the second appeal.

(2.) THE plaintiff claims to have lent Rs. 3,500/- on 5-3-1980 and according to the plaintiff, the defendant has signed in the signature book on that day. The defendant denied transaction and signature as well. But, contended that he had transaction earlier with the plaintiff and the said transactions have been settled and the account between them has been finalised and closed for ever.

(3.) WHEN the signature was disputed, the trial court after considering the evidence and documents produced, compared the signature. After such comparison, the trial court came to the conclusion that it is the signature of the defendant that is found in the suit documents and decreed the suit. The appellate court merely commented upon the trial court about the comparison of the signature and held that it is not possible for him to have such comparison. The appellate court quotes the following passage given by the trial court.