BRIJ BALA Vs. SURENDER KUMAR

JUDGEMENT

(1.) The defendant is the appellant, who after having lost before both the learned Courts below, has filed the instant appeal. The parties shall be referred to as the 'plaintiff' and the 'defendant'.

(2.) The plaintiff/respondent filed a suit for recovery of Rs.1,00,000/- on the allegation that the defendant/appellant on 12.10.2004 had borrowed the aforesaid amount in the presence of the witnesses in order to fulfill her necessities and financial commitment. It was further averred that the defendant agreed to repay back the aforesaid amount of Rs.1,00,000/- to the plaintiff and also executed a promissory note to this effect. However, when the plaintiff demanded the amount, the defendant refused, constraining him to issue a legal notice to her and despite receipt of the notice, the defendant failed to pay the amount. Hence, the suit.

(3.) The defendant contested the suit by filing written statement wherein preliminary objection regarding maintainability was raised. On merits, it was contended that the defendant had not executed any pronote or receipt of the loan amount of Rs.1,00,000/- and even if the pronote or receipt is produced on the record, the same is an outcome of fraud and misrepresentation of facts.