JAGTAR SINGH Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) Defendant-petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India assailing the order dated 3.5.2010 passed by Addl. Civil Judge (Sr. Divn.) Maler Kotla whereby plaintiff (respondent herein) was permitted to lead evidence in rebuttal to the evidence produced by the defendant.

(2.) The brief facts of the present case inter alia are that plaintiff respondent has filed suit for recovery of Rs. 1,50,000/- alongwith interest thereon on the basis of pronote dated 15.9.2000 with the allegation that defendant has borrowed a sum of Rs. 1,50,000/- from the plaintiff @ 2% per month interest and has executed pronote in lieu of the amount borrowed.

(3.) Defendant has filed his written statement stating in paragraph No. 1 of the statement that Para No. 1 of the plaint is wrong and denied; the defendant never borrowed a sum of Rs, 1,50,000/- from plaintiff @ 2% per month interest on 15.9.2000; defendant never promised to return the same; defendant never executed a pronote and receipt pronote in favour of the plaintiff; the alleged pronote and receipt pronote dated 15.9.2000 is a forged and fictitious document.