RABI SANKAR SHARMA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS Miscellaneous Appeal arises out of the order dated 11.10.1999 passed by the Civil Judge (Senior Division), Kuchinda in Misc. Case No. 5 of 1997, filed by the appellant -defendant No. 1 - petitioner under Order 9 Rule 13 C.P.C. to set aside the ex parte decree dated 12.5.1992 passed in T.M.S. No. 10/90.

(2.) T .M.S. No. 10/90 filed by the respondent No. 1 - plaintiff is for recovery of Rs. 3,33,819.95.

(3.) WHEN a person stoutly denies the signature in the summons by saying that it does not belong to him, he cannot be further burdened to say as to whose signature it is. In other words, once defendant No. 1 denied his signature on the notice, it was for the plaintiff to prove the same. The defendant No. 2 as opposite party No. 2 cannot prove the existence of a negative thought.