GOPAL SINGH AND OTHERS Vs. BALWINDER SINGH

JUDGEMENT

(1.) CM No. 3117.C of 2011 For reasons mentioned in the application which is accompanied by affidavit, delay of 47 days in refiling the appeal is condoned. CM No. 3118.C of 2011 Allowed as prayed for. RSA No. 1127 of 2011 Legal representatives of original defendant Sukhdev Singh (since deceased) have filed the instant second appeal having failed in both the courts below.

(2.) Respondent-plaintiff Balwinder Singh filed suit against Sukhdev Singh for recovery of Rs 1,97,200.00 alleging that the defendant on 28.1.2002 borrowed Rs 1,70,000.00 from the plaintiff and executed pronote and receipt and agreed to repay the same with interest @ 2% per month but the defendant failed to repay the principal and interest amount. Accordingly, plaintiff filed suit for recovery of principal amount of Rs 1,70,000.00 and interest amount of Rs 27,200.00.

(3.) The defendant broadly denied the plaint allegations and pleaded that he never took any loan from the plaintiff nor executed any pronote or receipt. The defendant as well as plaintiff had been selling their produce at the shop of M/s Balwant Singh Pritam Singh, Commission Agent. The said Commission Agent had obtained signatures of the defendant as well as his son on blank form of pronote and receipt as security when defendant started selling his produce at the said shop. The defendant on 11.6.1997 deposited Rs one lac with the said Commission Agent after selling his produce and when the defendant demanded back the said amount, the Commission Agent refused to pay the same. Panchayat was convened and the said Commission Agent was held liable to pay the amount to the defendant. Thereafter the defendant stopped selling his produce through the said Commission Agent. Thereupon the Commission Agent gave blank signed pronote and receipt to the plaintiff who on its basis had filed the instant suit. Various other pleas were also raised.