LAWS(DLH)-2011-3-64

BALBIR SINGH Vs. PRIT PAL SINGH

Decided On March 04, 2011
BALBIR SINGH Appellant
V/S
PRIT PAL SINGH Respondents

JUDGEMENT

(1.) THIS case is on the ,,Regular Board of this Court since 17.1.2011. Today, it is effective item No.6 and though it is 12.30 P.M. nobody has chosen to appear for the parties. I have, therefore, perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 20.7.2001 whereby the suit of the appellant/plaintiff for recovery of Rs.1,19,460/- was dismissed.

(3.) THE trial court after discussing the evidence of both the parties has arrived at a finding of fact that whatsoever amounts were lent by the appellant/plaintiff to the defendant were repaid back to him because with respect to each credit in his account of a cheque of the appellant/plaintiff there was a corresponding withdrawal from this account through either the son Gunjit Singh Bakshi or through the father of the appellant/plaintiff and the writing on such cheques was in the handwriting of the appellant/plaintiff. THE relevant para, in this regard, of the impugned judgment, is para 18 which reads as under:-