K.S.RADHAKRISHNAN, DIPAK MISRA
GIAN CHAND & BROTHERS – Appellant
Versus
RATTAN LAL @ RATTAN SINGH – Respondent
The appeal challenges the High Court's judgment that overturned lower courts' decisions decreeing a recovery suit in favor of the plaintiffs. [1000522920001][1000522920013]
Plaintiffs filed suit for recovery of Rs.10,45,620 plus interest, based on advances to defendant recorded in regularly maintained books of accounts (ledger, rokar bahi), acknowledged by defendant's signatures. [1000522920002][1000522920014]
Defendant's written statement contained preliminary objections (no locus standi, non-joinder, no cause of action) and evasive denials on merits, without specific denial of signatures, forgery, or fraud. [1000522920003][1000522920015][1000522920021][1000522920022][1000522920025]
Trial court decreed suit for full amount plus 6% interest, finding plaintiffs proved business transactions, books of account, signatures via witnesses; defendant's forgery plea unsubstantiated. [1000522920006]
First appellate court partly allowed defendant's appeal, excluding two unsigned entries, upholding rest based on regular books, evasive written statement, and failure to prove forgery. [1000522920008][1000522920009]
High Court allowed second appeal, holding variance between plaint and evidence, denial of signatures shifted onus to plaintiffs to prove via handwriting expert, and failed burden; findings perverse. [1000522920011][1000522920013]
Burden of proof lies on party asserting fact (e.g., plaintiff proving acknowledgments); it never shifts, but onus shifts based on circumstances. [1000522920016][1000522920019] (!)
Plaintiffs discharged burden by witnesses proving signatures and entries (no objection at marking exhibits); defendant made bald denial in evidence, not pleaded, and failed cross-examination. No need for handwriting expert. [1000522920014][1000522920015][1000522920020]
Order VIII Rules 3, 4, 5 CPC require specific, non-evasive denial of plaint allegations; general denial insufficient, deemed admission if not specifically denied. [1000522920021][1000522920022][1000522920023] (!)
Evasive written statement barred defendant from leading evidence on unpleaded forgery; courts below correctly placed onus on defendant. [1000522920025]
Minor variance in plaint amounts/dates (e.g., Rs.6,64,670 vs. Rs.6,24,670) caused no prejudice or surprise to defendant. [1000522920026]
Books of accounts maintained in regular course of business presumed correct unless rebutted by strong reasons; not rejected here due to proven signatures and lack of rebuttal. [1000522920027][1000522920028] (!)
High Court erred in finding perversity; appeal allowed, High Court judgment set aside, lower courts' decrees restored. [1000522920029]
JUDGMENT
Dipak Misra, J.:-Leave granted.
2. In this appeal, the assail is to the legal soundness of the judgment and decree dated 26.2.2009 in R.S.A. No. 1570 of 2008 passed by the learned single Judge of the High Court of Punjab and Haryana at Chandigarh whereby it overturned the decision of the learned Additional District Judge, Kurukshetra in Civil Appeal No. 96 of 2006 dated 12.03.2008 wherein the judgment and decree dated 20.07.2006 passed by the learned Additional Civil Judge (Sr. Division), Pehowa was partially modified.
3. The facts which are necessary to be stated are that the plaintiffs- appellants (hereinafter referred to as “plaintiffs”) had initiated a civil action forming the subject matter of CS No. 337 of 2004 in the court of Additional Civil Judge (Sr. Division), Pehowa for recovery of a total sum of Rs.10,45,620/- along with pendente lite and future interest at @18% per annum. It was the case of the plaintiffs that plaintiff No. 1 is a registered partnership firm carrying the business of commission agent for sale and purchase of food grains in Shop No. 69, New Green Market at Anaj Mandi in Pehowa and plaintiff No. 2 is the partner of the said partnership firm. The
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.