DHARAM SINGH Vs. DHARAMJIT SINGH

JUDGEMENT

(1.) The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below on the basis of pronote dated 31.12.1999.

(2.) Both the Courts have returned a concurrent finding of fact that pronote Exhibit P.1 and receipt Exhibit P.2 stand executed. Such finding is based upon the testimony of PW1 Jeet Singh, the attesting witness and the scribe PW2 Kesar Singh. It has been also found that the handwriting and finger prints expert PW4 Atul Kumar Singla has proved that the disputed signatures on the pronote and the receipt tallied with the standard signatures of the defendant on the written statement and the Vakalatnama.

(3.) It has been also found that the Bank Account Exhibit P.11 shows that the plaintiff has withdrawn an amount of Rs.60,000/- on 31.12.1999 i.e. the date when the said pronote in the sum of Rs.80,000/- was executed. Learned counsel for the appellant has vehemently argued that the plaintiff has infact advanced a sum of Rs.66,000/- on 10.5.1998 and the said aspect has not been taken into consideration on the ground that the appellant has not pleaded such fact in the written statement. Learned counsel argues that non-pleading of such fact cannot be a ground not to consider the evidence lead by the appellant when the onus of proof of the pronote is on the plaintiff.