SMT. UMA DEVI Vs. SMT. SMITA CHAUDHARY

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant against the judgment and decree dated 20.03.2013 passed by the learned ADJ in RCA No. 96/2011 upholding the judgment and decree dated 01.04.2011 by virtue of which the suit of the respondent/plaintiff for a sum of Rs. 1 lakh was decreed along with pendent lite and future interest at the rate of 12% per annum. Mr. Singla, the learned counsel for the appellant, has raised three questions stating that these are substantial questions of law.

(2.) I have heard the learned counsel for the appellant. He has also placed reliance on Dattatraya Vs. Rangnath Gopalrao Kawathekar (dead) by his legal representatives and Ors.; : AIR 1971 SC 2548.

(3.) THE respondent/plaintiff filed a suit for recovery of a sum of Rs. 1 lakh along with interest. The suit was based on two documents purported to have been signed by the appellant/defendant. These documents were -a promissory note and a receipt -both dated 27.02.1996. The appellant/defendant had denied the liability to pay the amount to the respondent/plaintiff on the ground that these documents were not signed. On the basis of the pleadings of the parties, the following issues were framed: