RAM PRAGAS SINGH Vs. GAJENDRA PRASAD SINGH

JUDGEMENT

(1.) This second appeal is preferred by the plaintiff against the concurrent judgments of the courts below dismissing the suit filed on the basis of a handnote.

(2.) The plaintiff filed a suit for realisation of Rs. 2,100/-. The plaintiff's case in short, was that this advance of Rs. 2,100/- was given on execution of a handnote by the defendant on the 21st of July, 1963 and the defendant also agreed to pay an interest at the rate of Re. 1/- per cent. per month. The amount not having been paid in spite of demands, the present suit was filed.

(3.) The defence was that the hand-note was not executed by the defendant. The further defence was that the loan was taken from one Ram Bilash Singh of village Mailam and he gave his thumb impression on a blank piece of paper at that time. Afterwards the said amount was paid back to the said Ram Bilash Singh and the said Ram Bilash Singh gave an impression to the defendant that the said paper had been torn by tearing off a certain paper in his presence. The further defence was that the defendant apprehended that the said Ram Bilash Singh tore a wrong paper and the real one containing his thumb impression was given to the plaintiff, who had utilized the same for the present suit. Thus it has been alleged that the said handnote is forged and fabricated and the defendant never executed a hand-note in favour of the plaintiff. The alleged handnote is also said to be without consideration.