LAWS(P&H)-2015-8-601

BAJ SINGH Vs. VIJAY KUMAR KAURA

Decided On August 17, 2015
BAJ SINGH Appellant
V/S
Vijay Kumar Kaura Respondents

JUDGEMENT

(1.) C.M. No.8678-C of 2015. For the reasons mentioned in the application, delay of 55 days in filing the appeal stands condoned. CM stands disposed of accordingly.

(2.) Brief facts of the present case are that defendant obtained a loan of Rs.3,20,000/- from the plaintiff/respondent on 01.08.2008 and the appellant/defendant executed a pronote and receipt in the presence of witnesses, on the same day in favour of the respondent/plaintiff in token thereof. The appellant-defendant agreed to pay an interest @ 2%p.m. on the loan amount. The appellant-defendant also agreed to return back the loan amount along with agreed interest, on demand by the respondent-plaintiff.

(3.) Notice of the suit was given to the defendant-appellant, who appeared and filed written statement taking preliminary objections that the respondent-plaintiff has no cause of action to file the original suit as the respondent-plaintiff has not come to the court with clean hands and he has suppressed the real facts from this court. In fact the respondent-plaintiff is running a commission agency shop under the name and style of M/S Vijay Kumar and Sons at shop No.49, New Grain Market, Kapurthala. The appellant-defendant used to sell his agriculture produce at the aforesaid shop of the respondent-plaintiff. At the time of making payment of the agricultural produce of the appellant-defendant, the respondent/plaintiff used to obtain thumb impression of the appellant-defendant on various blank papers, forms, stamp papers register etc. on the pretext of entries in their record. The appellant/defendant in good faith used to put his thumb impression at the instance of plaintiff-respondent. Respondent-plaintiff used to issue some j-forms and some Kachhi Parchi to the appellantdefendant towards part payment of agricultural produce of the appellantdefendant.