LAWS(P&H)-2015-9-831

VERMA TRADING COMPANY Vs. AMRIK SINGH

Decided On September 28, 2015
Verma Trading Company Appellant
V/S
AMRIK SINGH Respondents

JUDGEMENT

(1.) Delay of 94 days in filing the appeal is condoned.

(2.) The appeal is at the instance of the defendant who has suffered a decree passed against the defendant on the suit instituted by the plaintiff relying on a receipt of Rs. 1 lac made by the defendant for M/s Verma Trading Company. The document has been witnessed by Chhajja Singh and at the trial the plaintiff examined himself and Chhajja Singh. The document of receipt recites as under:-

(3.) The defendant took up a plea that there was no such receipt. It was not stamped and it was unenforceable. According to him, it was forgery. There was no occasion for him to borrow any money from him. The defendant elicited in the cross-examination of the witness that the whole of the recitals in the receipt filed by the plaintiff was drawn on the same day on 01.06.2003. The defendant wanted to rely on the fact that the endorsement relating to the payment of interest which was on the left side of the signature of the defendant was in a different ink. The defendant, therefore, wanted to plead that a writing which was of a different ink could not have been done on the same day and what was palpably an interpolation later clearly evidenced the fact that it was a fabricated document. The defendant also relied on an handwriting expert which evidence was rejected by the trial Court as well as by the Appellate Court as not evoking any confidence.