Winder Singh vs Ajaib Singh

Rakesh Kumar Jain, J.—The defendant is in appeal against the judgment and decree of both the Courts below.

The plaintiff filed suit for recovery of Rs. 71,350/-, out of which Rs. 30,000/- and Rs. 25,000/- are towards principal and Rs. 10,350/- and Rs. 6000/- towards interest.

The case of the plaintiff is that the defendant had borrowed a sum of Rs. 30,000/- from him on interest at the rate of 1.5% per month on 19.5.2004 after executing pronote and receipt (Exs. P1 and P2) and thereafter again on 28.1.2005, borrowed Rs. 25,000/- at the same rate of interest after executing another pronote and receipt (Exs. P-3 and P-4). The defendant did not repay the amount despite request and demand and hence the present suit has been filed.

The case of the defendant is that he did not borrow any amount from the plaintiff and thus, there was no question of executing any pronotes and receipts in his favour. It is also alleged that both the documents, namely pronote and receipt are fabricated and forged documents.

On the pleadings of the parties, issues were framed and both the parties were allowed to lead their evidence.

The Courts below recorded concurrent finding of fact that the plaintiff has proved both the documents inasmuch as Exs. P1 and P2 by examining handwriting and finger print expert examined as PW 3 and on the contrary, the defendant did not lead any evidence as no finger print and handwriting expert was produced by them to contradict the report produced by PW 3.

Counsel for the appellant has submitted that expert witness could have proved the due execution of the documents but there is no evidence of payment of money by the plaintiff to the defendant. It is needless to mention that there is presumption of payment of consideration u/s 118 of the Negotiation Instrument Act, which is though open to rebuttal, but no evidence has been led by the defendant to rebut the same.

Consequently, there is no question of law much-less substantial involved in this appeal for interference by this Court and the same is hereby dismissed in limine.