BHAGWATI PRASAD Vs. AMRIT LAL

JUDGEMENT

(1.) The present second appeal has been filed against the judgment and decree dtd. 27/3/1997 whereby the appeal filed by the present-respondent was allowed after setting aside the judgment and decree dtd. 30/5/1992 and the suit was decreed for Rs.3,000.00 along with interest of Rs.1,035.00 total Rs.4035.00 with interest @12% per annum from the date of filing of the suit.

(2.) The plaintiff-respondent filed a summary suit for recovery of Rs.4,035.00 against the defendant-appellant contending therein that the defendant had taken a loan on 22/3/1984 for the purchase of land. A pronote Exhibit-1 and receipt Exhibit-2 were executed on the same date. The agreed rate of interest was Rs.1.50 per Rs.100.00 per month. However, neither the principal amount nor the interest was paid as per the terms of the pronote. Therefore, the plaintiff claimed the principal amount of Rs.3,000.00and interest of Rs.1,035.00, totaling Rs.4,035.00.

(3.) The defendant, after appearing in the suit, filed an application seeking leave to defend, which was granted. Thereafter, the defendant filed a reply denying the averments made in the plaint and contended that no loan amount was taken by him. It was further asserted that the pronote and the receipt did not bear his signatures. Since the plaintiff was having enmity with the defendant, therefore a forged document was prepared either by putting the signature by the plaintiff himself or by any other person and therefore, it was prayed by him that the suit be rejected.