BUDHARAM Vs. MAHAVIR PRASAD

JUDGEMENT

(1.) These two second appeals have been filed against similar judgments of the learned District Judge, Churu dated Oct. 21, 1983 by which he has dismissed the appeals and confirmed the judgments of the learned Munsiff, Sardarshahar dated March 12, 1993 decreeing the suits for recovery of <del> &#2352;</del> 4,507/- (Rs. 3,000.00 principal and <del> &#2352;</del> 1,507/- interest) with interest at the rate of 6% p.a. The facts of the case giving rise to these appeals may be summarised thus.

(2.) Two suits for the recovery of <del> &#2352;</del> 4,507/-, in each suit, were filed by the plaintiff against the defendant with the averments that on July 01, 1983 the defendant borrowed <del> &#2352;</del> 3,000.00 from him on interest and executed a prote and receipt in his favour. He did not make payment of a single paise towards any debt despite several demands and a registered not ice dated July 16, 1985. The defendant resisted the suit seriously and denied all the averments of the plaint in his written statement. After framing necessary issues and recording the evidence of the parties, the learned trial Court decreed both the suits. The defendant preferred appeals and they were dismissed by the learned District Judge as said above.

(3.) It has been contended by learned counsel for the defendant-appellant that the learned lower Courts have not properly and correctly appreciated the evidence on record, adverse inference was drawn against the plaintiff for not producing hand-writing expert particularly when the case of the defendant from the very beginning was that he used to put signatures and not thumb- impressions on papers. He also contended that it appears to be very unusual that on the same day two loans of <del> &#2352;</del> 3,000.00 each were taken by the defendant.