JAGDEV SINGH Vs. AJAIB SINGH

JUDGEMENT

(1.) Challenge in this regular second appeal are the judgment and decree dated 8.5.2009 passed by Ms.Sukhvinder Kaur, learned Additional District Judge, Patiala filed against the judgment and decree dated 9.4.2008 passed by Ms.Anshul Berry, Additional Civil Judge (Senior Division), Nabha vide which the appeal of the defendant/appellant was dismissed.

(2.) Briefly stated the facts of the case of the plaintiff are that on 16.11.98 defendant took cash loan of Rs.2,40,000/- along with interest @ 1.56% per month from plaintiff and as a security thereof defendant executed pronote and receipt in favour of plaintiff in the presence of marginal witnesses Devinder Kumar and Vikramjit Singh. Defendant further agreed to repay the loan amount with interest up to date on his demand. Plaintiff requested defendant many times to repay the borrowed sum with interest but he did not pay even single penny, hence the suit.

(3.) On put to notice, defendant appeared and filed written statement denying borrowing any sum of Rs.2,40,000/- and execution of any pronote and receipt by him in favour of plaintiff on 16.11.98. The alleged pronote and receipt are forged and fabricated document and is without consideration. As defendant did not borrow any amount from plaintiff so question of its repayment or any interest does not arise. Plaintiff is not entitled for recovery of any amount from defendant. It is further averred that pronote and receipt in question has material alterations and it is result of forgery and misrepresentation and prepared by plaintiff in connivance with the witnesses. After taking additional objections regarding maintainability, cause of action, locus standi, prayer for dismissal of suit with costs has been made.