DALIP SINGH Vs. JAGDEV SINGH

JUDGEMENT

(1.) Defendant no. 3 Dalip Singh having failed in both the courts below has filed the instant second appeal. Respondent no. 1 plaintiff Jagdev Singh filed suit against M/s Om Parkash Dalip Singh - defendant no. 1/respondent no. 2 and its four partners Om Parkash - defendant no. 2/respondent no. 3, Dalip Singh - defendant no. 3/appellant, Balwant Rai and Makhan Singh - defendants/respondents no. 4 and 5, for recovery of Rs. 2,93,750/- alleging that defendants no. 2 to 5 are partners of defendant no. 1 firm. On 01.12.2003, defendant no. 1 through its partner defendant no. 2 borrowed Rs. 2,50,000/- from the plaintiff and executed receipt for the same. The loan amount was to be repaid with interest @ 1.75% per month after six months. However, defendants failed to repay the same accordingly. The plaintiff therefore filed suit for recovery of Rs. 2,50,000/- as principal amount and Rs. 43,750/- as interest at the aforesaid agreed rate till filing of the suit.

(2.) Only defendant no. 3 contested the suit, whereas remaining defendants were proceeded ex-parte. Defendant no. 3 broadly denied the plaint averments. It was asserted that no person was authorized by partners of the firm to take loan on behalf of the firm from anybody. The alleged loan amount was never received by the firm nor the same was entered in the account books of the firm. Partners of the firm are not liable to pay any amount to the plaintiff. The amount, if any received by defendant no. 2, might be in his personal capacity. Firm defendant no. 1 never received any amount from the plaintiff. The alleged writing, if any, has no concern with defendant no. 3 or with the firm. It might be personal transaction of defendant no. 2.

(3.) Learned Civil Judge (Junior Division), Jagraon, vide judgment and decree dated 28.01.2010, decreed the plaintiffs suit for recovery of principal amount of Rs. 2,50,000/-along with interest @ 1.75% per month from the date of writing i.e. 01.12.2003 till date of decree and future interest @ 6% per annum from the date of decree till its realization. First appeal preferred by defendant no. 3 has been dismissed by learned Additional District Judge, Ludhiana, vide judgment and decree dated 18.01.2011. Feeling aggrieved, defendant no. 3 has filed the instant second appeal.