GURTEJ SINGH Vs. JASMEET SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned trial Court on 19.4.2006, whereby the application for leave to contest, was allowed on the condition of furnishing surety bond in the sum of Rs.2 lacs.

(2.) The plaintiff-respondent has filed a suit for recovery of Rs.1,91,780/- i.e. a sum of Rs.1,11,500/- as principal amount and the remaining being the interest on the basis of pronote and receipt dated 10.10.2002. In the application for leave to defend, the defendant took up a stand that the pronote and the receipt are false, forged and fabricated documents and that the plaintiff obtained his signatures on blank pronote and receipt on the pretext that the same would be filled on availability of scribe and marginal witnesses and undertook that he would not mis-utilise the documents.

(3.) The learned trial Court has found that the pronote and receipt dated 10.10.1992 are scribed by Gurdial Singh and attested by Gurmit Singh and Malkiat Singh, and is signed by the defendant as well. It has categorically recorded the following finding:-