GURDEEP SINGH Vs. GOPAL SINGH

JUDGEMENT

(1.) This appeal by the defendant/appellant, is directed against the judgment and decree dated 3.09.2009, passed by the learned courts below vide which suit for recovery filed by the plaintiff/respondent stands decreed.

(2.) The plaintiff/respondent filed a suit for recovery of Rs. 1,15,000/- (Rupees one lac fifteen thousand only), on the pleadings that the defendant/appellant borrowed a sum of Rs. 78,000/- (Rupees seventy eight thousand only), from the plaintiff on 2.1.2001, and executed a pronote/receipt in favour of the plaintiff. Out of interest due, the defendant paid a sum of Rs. 5000/- (Rupees five thousand only) by way of demand draft but failed to return the balance amount.

(3.) The suit was contested. Besides taking preliminary objection of limitation, the stand taken was that the pronote and receipt were forged documents, that the appellant/defendant never borrowed any sum from the plaintiff/respondent. Other averments made in the plaint were also denied.