PHOOL CHAND Vs. SAMBHU SINGH

JUDGEMENT

(1.) This is a plaintiffs first appeal filed against the judgment and decree dated Oct. 20, 1976, passed by the District Judge, Bhilwara, dismissing the plaintiffs suit for the recovery of Rs. 14,160.00.

(2.) The suit was filed on Dec. 21, 1971, for the recovery of Rs. 14,160.00 in the Court of District Judge, Bhilwara, against Shri.Sambbu Singh respondent herein The suit was based on a promissory note alleged to have been executed by Sambhu Singh on June 28, 1970, for Rs. 12,000.00. It was alleged that the defendant had taken a loan of Rs. 12,000.00 on June 28, 1970 and promised to pay the same on demand with interest @ 12% per annum and had executed a promissory note and a receipt the same day. The plaintiff claimed a decree for Rs. 12,000.00 as principal and Rs. 2,160.00 as interest, total Rs. 14,160.00.

(3.) The defendant, in his written statement denied having received any amount from the plaintiff. It was alleged that the defendant was not at Bhilwara on June 28, 1970 and did not take any loan at any time from the plaintiff. He did not even know the defendant. It was stated that the defendant had not executed any pro-note or receipt in favour of the plaintiff. It was averred that the defendants father had taken a compressor for his tractor from one Shri Ramswaroop Gupta. The defendant asked Shri Ramswaroop Gupta to sell the said compressor to him. Shri Ramswaroop Gupta in that connection, got a blank promote form signed from the defendant. Later on Shri Ramswarop Gupta came to the defendants village and took away the compressor in the absence of the defendant. It was pleaded that by callusing with the plaintiff Shri Ramswaroop Gupta had got the present suit filed, although the defendant had not monetary transaction with the plaintiff.