JAGAN NATH Vs. HARVINDER SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment dated 19.01.2013 passed by learned District Judge, Sirsa, which was filed against the judgment and decree dated 20.10.2011 passed by learned Civil Judge (Jr. Divn.), Dabwali, vide which the suit of the plaintiff-respondent (herein after to be referred as ('the respondent') was decreed.

(2.) The appellant borrowed a sum of Rs.3,00,000/- from the respondent on 29.06.2007 and in token of the said amount, the appellant executed a pro note and receipt in favour of the respondent in the presence of the witnesses and also agreed to pay interest @ 1.5% per month on the said amount but when the respondent demanded the money from the appellant, he kept on putting the matter on on pretext or the other. A legal notice was also served upon the appellant but to no avail and hence the respondent filed the present suit seeking recovery of Rs.3,42,000/- from the appellant along with interest @ 1.5% per month.

(3.) On notice, the appellant appeared and filed its written statement taking a stand that no amount was ever borrowed by him from the respondent. He also denied execution of any pro note and receipt and has contended that the alleged pro note and receipt were false and fabricated documents. Further he stated that if such a huge amount had been borrowed from the respondent then the pro note and receipt would have been scribed through a regular petition writer, which was not in the present case.