BHAJAN SINGH Vs. VIJAY KUMAR

JUDGEMENT

(1.) Bhajan Singh appellant was defendant in the suit which was filed by Vijay Kumar respondent for recovery of the principal amount of Rs.60,000/- along with interest @ 12% per annum from the date of filing of suit till the date of judgment and decree. He had executed a pronote and a receipt in favour of the respondent in this regard on the same day and time when loan was taken viz. 6.8.1995. The respondent demanded back the loan amount many a times but the appellant failed to return the same, and that led to the filing of the recovery suit.

(2.) The case set up by the appellant in the written statement filed before the trial court, was of total denial. According to him, he never borrowed any amount from the respondent nor executed any pronote or receipt in this regard. Suit was alleged to be time-barred, also. It was further pleaded that the pronote and receipt were not properly stamped and there were material alterations and additions also therein. Trial was held in respect of the following issues:-

(3.) On completion of trial, findings of all the issues went in favour of the respondent and a decree for recovery of Rs.60,000/- as principal amount, with interest @ 12% per annum from the date of filing of the suit till the date of judgment and decree and future interest @ 6% per annum was passed in his favour.