JAGAN NATH Vs. HAR PAL SINGH

JUDGEMENT

(1.) This is a defendant's second appeal in a suit for recovery of a loan of Rs. 10,000/- with interest in the sum of Rs. 1,500/- up to the date of the suit.

(2.) The plaint allegations were that the loan was advanced on 1st June. 1963 and was re-payable in ten annual instalment of Rs. 1000/- with interest at the rate of 75 paise percent per month. It was pleaded that the defendant did not pay any instalment, hence the suit, which was filed on 5th March, 1965. A document Ext. 3, purporting to witness the loan was filed with the plaint. A reference to the document was incorporated by an amendment of the plaint which was made later on, The defendant denied the loan and the document. Experts were examined from both the sides. It was also contended by the defendant that the document was otherwise too inadmissible in evidence for it purported to be a mortgage-deed but had not been registered.

(3.) The trial court overruled the defendant's objection as to the admissibility of the document by an order dated 7th December, 1968.