ASHOK SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) - Defendant-appellant has come up in regular second appeal against the judgment dated 16.12.2013 passed by the District Judge, Barnala dismissing his appeal against the judgment and decree dated 10.09.2012 passed by the Addl. Civil Judge (Senior Division), Barnala, whereby Suit filed by the plaintiff-respondent for recovery of Rs. 28,780.00 along with interest has been decreed.

(2.) Paramjit Kaur-plaintiff (respondent herein) filed a suit for recovery alleging therein that defendant-appellant borrowed a sum of Rs. 28,780.00 from him and had agreed to return the same on demand along with interest. He also execute a pronote and receipt in favour of the plaintiff and after receipt of principal amount, appended his signatures thereon in the presence of witness namely Boota Singh son of Arjan Singh. However, the defendant had failed to repay the principal amount along with interest.

(3.) Upon notice, the defendant-appellant filed written statement and took preliminary objections with regard to locus standi and maintainability of the suit. On merits, it was stated that the pronote and receipt was got executed by the plaintiff-respondent in her favour as security of the amount, which was due towards the defendant on account of a committee. From the pleadings of the parties, following issues were framed by the trial Court:-