KULDEEP SINGH AND ANOTHER Vs. AVTAR SINGH

JUDGEMENT

(1.) The appellants-defendants are in Regular Second Appeal against the judgment and decree of the lower Appellate Court dated 05.02.2011, whereby suit for recovery of amount of Rs. 3,75,000/- alongwith interest at the rate of 8% p.a. w.e.f. 08.06.2004 till the institution of the suit and further rate of 6% p.a. till realisation of the decretal amount, has been decreed.

(2.) Mr. Sunil Chadha, learned Senior Counsel, assisted by Ms. Pallavi Singh, appearing on behalf of appellants submits, that trial Court by relying upon oral and documentary evidence dismissed the suit. However, during the appellate stage, the respondent-plaintiff sought permission of the Court to examine an expert, who compared the signatures of the deceased Avtar Singh s/o Bir Singh, alleged executant of the pronote and receipt and after comparison, gave the report that disputed signatures on the pronote and receipt tallied with the admitted signatures.

(3.) He further submits that though lower Appellate Court did not believe the statement of the witness aforementioned, on the premise that experts toe to the line of the parties who engages them, but relied upon the testimony of PW1 to PW3 and arrived at a erroneous finding while reversing the well-reasoned judgment and decree of the trial Court.