GURMAIL SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) Defendant Gurmail Singh having failed in both the courts below has filed this second appeal.

(2.) Suit was filed by plaintiff-respondent Rakesh Kumar, Partner of M/s Shambu Ram Vijay Kumar, Commission Agents against defendant appellant for recovery of Rs. 6,45,000/-. The plaintiff alleged that plaintiff- Firm M/s Shambu Ram Vijay Kumar, Commission Agents is a partnership concern and is registered with the Registrar of Firms and Rakesh Kumar is its partner. The defendant on 18.8.1999 borrowed Rs. 3,75,000/- from the plaintiff-firm and executed pronote and receipt in its favour and agreed to repay the loan with interest @ 2% per annum but did not pay the loan amount and interest amount. Accordingly, the plaintiff claimed Rs. 3,75,000/- as principal amount and Rs. 2,70,000/- as interest till filing of the suit and accordingly filed the suit for recovery of total amount of Rs. 6,45,000/-.

(3.) The defendant broadly controverted the plaint averments. The defendant alleged that he had been selling his crops through M/s Shambu Ram Vijay Kumar, Commission Agents. Plaintiff Rakesh Kumar had been obtaining signatures of defendant on some blank and printed forms and papers and in the process, the plaintiff might have taken signatures of the defendant on blank pronote and receipt in question in connivance with scribe and marginal witnesses thereof. The defendant stopped dealing with the said Firm in the year 1998 and therefore, it is unbelievable that defendant borrowed Rs. 3,75,000/- from the plaintiff on 18.8.1999. The defendant denied having borrowed the amount from the plaintiff. The defendant also raised various other pleas.