ARJUN SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) Defendant Arjun Singh who was successful in the trial court but remained unsuccessful in the lower appellate court has filed the instant second appeal.

(2.) Respondent-Plaintiff Gurdev Singh filed suit against Defendant-Appellant alleging that on 1.6.2007, Defendant borrowed Rs. 5,12,225/-from the Plaintiff and executed pronote and receipt for the same and agreed to repay the same with interest @ 1.40 % per month but the Defendant failed to pay the principal and interest amount. Accordingly, the Plaintiff claimed Rs. 5,12,225/-as the principal amount and Rs. 89,639.34 as interest till filing of the suit at the aforesaid agreed rate. The Plaintiff, thus, filed suit for recovery of total amount of Rs. 6,01,864.34.

(3.) The Defendant controverted the plaint allegations. Defendant denied having borrowed any amount from the Plaintiff. The Defendant pleaded that he had approached the Plaintiff to borrow some money but the Plaintiff expressed his helplessness to lend any money to the Defendant. The Plaintiff asked the Plaintiff to execute pronote and receipt in his favour assuring that the Plaintiff would send the amount to the house of the Defendant later on. However, the Plaintiff neither paid the amount nor returned the pronote and receipt. The alleged pronote and receipt are without consideration and result of fraud and misrepresentation. Various other pleas were also raised.