MAGHAR SINGH Vs. DARSHNA DEVI

JUDGEMENT

(1.) SUIT filed by the plaintiff was decreed by the trial court vide judgment and decree dated 20.09.2012. Appeal preferred against the said decree failed and was dismissed on 16.04.2013. This is how, defendant is before this court, in this regular second appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit.

(2.) IN short, in a suit filed by the plaintiff, he prayed for a decree for recovery of Rs. 1,37,500/ - as on 20.12.2003, he had advanced a loan of Rs. 1,00,000/ - to the defendant. In consideration thereof, a promissory note and receipt was executed by the defendant in favour of the plaintiff, that was scribed by Raghupati Rai and thumb marked by defendant in presence of the scribe as well as in presence of Mohinder Singh and Ram Lal. An entry in this regard was also made in the register of the scribe at serial No.667. As the amount lent was never repaid by the defendant and he finally refused to pay the loan amount on 05.12.2006. Thus, the suit.

(3.) IN defence, it was pleaded, inter alia, that the alleged promissory note and receipt were forged and fabricated documents. It was maintained that an amount of Rs. 1,00,000/ - was never advanced by the plaintiff to the defendant, nor defendant ever executed any promissory note and receipt. In fact, defendant had become a member of a 20 member committee of Rs. 1,00,000/ -, in the year 2003, that was being run by the plaintiff. And, thereafter, he started paying the installments. In December, 2003, he opted for the committee money and to secure the said amount, a promissory note and a receipt were got executed by the plaintiff from the defendant by way of security. Further, plaintiff had assured the defendant that as and when he would complete all the installments, the documents executed by the defendant would be returned. It was maintained that defendant had paid all the installments in time and endorsements in this regard were accordingly made on the reverse side of the photocopy of the pronote and receipt. Thus, the entire payment of Rs. 1,00,000/ - was made to the plaintiff. As no amount was ever advanced by the plaintiff to the defendant, pursuant to the alleged promissory note and receipt, defendant actually owed nothing to the plaintiff in this regard. Accordingly, defendant prayed for dismissal of the suit.