SOM PAL Vs. RANJIT KAUR

JUDGEMENT

(1.) Suit filed by the respondent-plaintiff was dismissed by the trial Court vide judgment and decree dated 13.07.2016 but as the appeal preferred against the said decree was accepted vide impugned judgment dated 09.10.2017 and the suit was decreed, the appellant-defendant, is before this Court in Regular Second Appeal. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit. Plaintiff filed a suit for recovery of Rs.40,800/-.

(2.) In brief, the case set out by her was that defendant approached the plaintiff on 24.05.2010 and borrowed Rs.30,000/- in cash to meet his business requirements. He executed a pronote and receipt dated 24.05.2010 in favour of the plaintiff. It was agreed that he would repay the borrowed amount along with interest @ 3% per month. However, for, the defendant failed to re-pay the loan, thus the suit.

(3.) In the written statement filed by the defendant he denied to have borrowed any amount from the plaintiff. Accordingly, execution of the pronote as also the receipt in favour of the plaintiff was also denied and both these documents were alleged to be forged and fabricated.