SUCHHA SINGH Vs. VINOD KUMAR

JUDGEMENT

(1.) Having heard learned counsel for the petitioner and having perused the material placed on record, this Court is satisfied that no case for interference under Article 227 of the Constitution of India is made out and this writ petition deserves to be dismissed without being admitted.

(2.) The non-petitioner (applicant) has filed an application under Section 6(2) of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 ('the Act' hereafter) in relation to the debt said to be due against the petitioner (non- applicant). After filing of the written statement by the petitioner, issues were framed and were amended; and evidence of the applicant was recorded. The petitioner-nonapplicant moved an application on 17.10.2003 with the submissions that he has taken averments about his having made deposits with the applicant after selling the agricultural produce and the applicant having given him accounts from time to time. According to the petitioner, after taking up of the litigation, upon search he found a slip in the hand writing of father of the applicant in which an amount of Rs.1,60,000/- was stated to have been deposited as on 12.12.1996; and that earlier this slip was sought to be produced on 30.09.2002 but because of incorrect description of the title of the case, the application was returned and now the case was fixed for evidence and such account slip was required to be produced.

(3.) The petitioner also contended that the slip being in the hand writing of the father of the applicant, there was no likelihood of the same being false or fabricated and it tallies with the accounts of the applicant.