DHUP SINGH Vs. PHERU

JUDGEMENT

(1.) THIS second appeal arises from a suit for recovery of Rs. 11,000/ - filed by plaintiff -Dhup Singh on account of 'bahi' entries made by father of defendants' for taking a loan of Rs. 6,300/ - which was decreed by the Court of first instance and appeal preferred by defendants no.1 to 3 has been accepted by the lower Appellate Court and judgment and decree of the Court of first instance have been set aside.

(2.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts relevant for disposal of this regular second appeal are that plaintiff -Dhup Singh approached the Court of first instance seeking a decree for recovery of Rs. 11,000/ - on the allegations that on miti Jyesth Sudi 13, Samwat 2032, Rehamu alias Rama Nand, father of the defendants, borrowed a sum of Rs. 6,300/ - from him and executed a 'bahi' entry in this regard after appending his signatures in Urdu script.

(3.) UPON notice, defendants no.1 to 3 put in appearance and filed written statement denying all the averments made in the plaint. It was pleaded that neither Rehamu had taken any loan from the plaintiff, nor executed any 'bahi' entry agreeing to pay three installments of Rs. 2700/ - each. It was, inter alia, pleaded that the suit was not within time, 'bahi' entries of the plaintiff were fabricated.