RANJIT SINGH Vs. SARUP CHAND

JUDGEMENT

(1.) THE L.Rs. of Chand Singh have filed the present appeal and it has been directed against the judgment and decree dated 13.1.1999 passed by Addl. District Judge, Barnala, who reversed the judgment and decree dated 8.1.1994 passed by Sub Judge Ist Class, Barnala, who dismissed the money suit of the plaintiff-respondent Sarup Chand.

(2.) SOME facts can be noticed in the following manner:- A money suit was filed for a sum of Rs. 15,500/- by Sarup Chand against Chand Singh deceased on the allegations that defendant Chand Singh executed a pronote and receipt in favour of the plaintiff Sarup Chand for a consideration of Rs. 12,500/- at the rate of interest of 2% per month. Defendant Chand Singh gave the undertaking that the amount shall be paid to the plaintiff on demand but in spite of that it was not paid. Hence the suit along with interest. The defendant denied the allegations of the plaintiff and stated that he did not receive any amount. The pronote and receipt dated 23.6.1990 are forged and without consideration. The plaintiff is alleged to have materially altered the important covenants of the pronote and receipt and thus he has no locus standi to file the suit. The defendant also claimed special costs from the plaintiff.

(3.) THE parties led evidence before the trial Court and for the reasons given in paras Nos. 6 to 8 of its judgment, the trial court non-suited the plaintiff. Para Nos. 6, 7 and 8 of the judgment dated 8.1.1994 read as follows:-