SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1979 Supreme(Pat) 143

U.C.SHARMA
Newa Lal Rai – Appellant
Versus
Mahendra Rai – Respondent


Advocates appeared:
For the appellants : Messrs S.C. Mukherjee and L.N. Yadav.
For the Respondent: Messrs Prabha Shankar Mishra and Ganesh Prasad Singh.

JUDGMENT :

U.C. Sharma, J.-

This appeal by the defendants is directed against the judgment of reversal arising out of a suit passed on a hand note.

2. Briefly stated, plaintiff's case was that defendant no. 1 as kana of his joint family, took a loan of Rs. 2,88/- from the plaintiff with interest on 15.4.1963 and executed a hand note. The defendants in spite of the repeated demands did not repay the loan. Hence the suit.

3. The defendant admitted that he had taken the loan from the plaintiff on execution of the hand note but his substantial defence was that he repaid the loan and in taken of the re-payment the plaintiff granted him stamped receipt. In those circumstances it was contended that the plaintiff had no cause of action to file the suit.

4. Both parties adduced evidence in support of their respective case. The defendant produced the receipt purported to be granted by the plaintiff in his favour in support of the plea of re-payment of the loan. That receipt was marked as Ext. E/1 in this case. The parties went to trial court on the question whether the plea of payment raised by the defendants was correct. Naturally, the question of genuineness or otherwise of the receipt fell for














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top