JAWAHARLAL Vs. RAM SINGH

JUDGEMENT

(1.) BY judgment and decree dated 3.8.2007 learned Civil Judge (Senior Division), Bhilwara decreed a suit in favour of the Plaintiff Respondent for recovery of a sum of Rs. 48,060/ - The judgment and decree aforesaid came to be affirmed by learned Additional District Judge No. 1, Bhilwara under the judgment and decree dated 7.7.2010.

(2.) WHILE challenging the same by way of filing present second appeal it is contended by counsel for the Appellant that the suit preferred as per provisions of Order 37 Code of Civil Procedure has been erroneously decreed by the court without examining the fact that whether Jawaharlal and Jawaharmal whose signatures are available on pronote are the same person. It is also submitted that the Plaintiff Respondent who was not having a money landing license or not was whether having any right to file suit or not.

(3.) IT is quite apparent that the courts below gave definite concurrent findings by examining all the evidence available on record that it was the Defendant only who borrowed the amount by putting his signatures on the pronote.