KITAB SINGH Vs. RAJ SINGH

JUDGEMENT

(1.) The defendant is in appeal aggrieved of the judgment and decree passed by both the Courts below. The plaintiff filed suit seeking recovery of an amount of 32,68,000/- which include principal amount of 19,00,000/- and interest of 13,68,000/- on the basis of pronote.

(2.) The suit was resisted by the defendant denying execution of pronote and receipt claiming both of them to be an act of fraud. Regarding findings on issue No.l, Court of First Instance found that the plaintiff successfully proved execution of pronote and the defendant failed to prove the plea of fraud and misrepresentation as pleaded.

(3.) The Trial Court decreed the suit filed by the plaintiff for principal amount of 19,00,000/- along with interest @ 6% from 25/11/2011 i.e. from the date the amount became due till the date of actual realisation. The findings stand affirmed by the Lower Appellate Court.