RATIA Vs. NARAYANIA`

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree dated 17.12.1988 passed by learned Additional District Judge, Bhiwani (hereinafter referred to as 'the first appellate court') vide which the judgment and decree dated 27.7.1988 of learned Sub Judge IInd Class, Bhiwani (referred to hereinafter as 'the trial court') have been set aside and the suit of the plaintiff-appellant has been dismissed with costs.

(2.) The appellant had brought a suit for recovery of Rs.5573.27 Ps. on the basis of a pronote and a receipt allegedly executed in his favour by the defendant-respondent, Narayania on 18.7.1981 after taking a loan of Rs.4100/- with an undertaking to repay the same with interest at the rate of 1% per annum. It was claimed that the amount of Rs.4100/- was advanced by the appellant to the respondent who had executed the pronote and receipt in the presence of a witness named Mangalia. The appellant also averred that the respondent had undertaken to repay the loan amount on demand along with interest which he did not do when demand was made upon him and hence, claiming Rs.4100/- as principal amount and the remaining amount as interest, the suit was instituted for recovery of Rs.5573.27 Ps.

(3.) The respondent resisted the suit denying his borrowing any amount from the appellant on 18.7.1981. He also denied having executed any pronote and receipt in favour of the appellant. He claimed, on the other hand, that he had advanced sums of Rs.8000/-, Rs.1000/- and Rs.450/- to the appellant who had also received some other articles from him. It was further claimed that dues of the same were not paid by the appellant. The respondent had pleaded that it was the plaintiff-appellant who was liable to pay various amounts to him. The pronote and receipt were alleged to be forged and fabricated documents, created in connivance with Mangalia. Denying the other averments of the appellant, the suit was prayed to be dismissed.