MEWA SINGH Vs. VIPIN KUMAR AND ANOTHER

JUDGEMENT

(1.) - Present Regular Second Appeal by the defendant is directed against the concurrent findings of both the Courts below in a suit for recovery of Rs.5,28,000.00 [Principal sum- Rs.4,00,000.00 and interest Rs.1,28,000.00] filed by plaintiffs [respondents herein]. The Court of first Instance vide judgment and decree dated 23.07.2012 decreed the suit and the appeal filed by Mewa Singh, defendant was dismissed by learned District Judge, Jind vide judgment and decree dated 06.03.2013.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

(3.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiffs had filed a suit for recovery of Rs.5,28,000.00 [Principal sum- Rs.4,00,000.00 and interest Rs.1,28,000.00] on the basis of pronote, receipt and accounts book. As per the plaintiffs, the defendant had taken a loan of Rs.4,00,000.00 to be repaid along with interest @ 2% per month from the plaintiffs on 14.05.2008 and had executed a pronote and receipt and affixed his signatures/thumb impressions on the revenue stamps after accepting its correctness. The entry in this regard was recorded in the account books of the plaintiff-firm. The defendant was requested for re-payment on different dates and a legal notice was served, but repayment was made and as such, necessity of the suit.