The court emphasized the importance of trustworthy evidence in proving the plaintiff's claims.

Govind Mathur, J.-This Civil regular first appeal is preferred by plaintiff assailing validity and propriety of Judgment and decree dated 112.1995 whereby learned District Judge, Dungarpur rejected the suit for recovery of money.

2. The facts necessary for adjudication of appeal, as mentioned in the plaint, are that appellant plaintiff purchased a truck with partnership of Shri Gamera (defendant). For the purpose of purchase of truck plaintiff as well as defendant both were required to include equal share of purchasing amount. Defendant Gamera was not having money at the relevant time, therefore, the plaintiff paid the sum of Rs. 61,501/-as a part money required to be paid by Gamera to Rehman Bhai from whom the truck was said to be purchased. It is further stated in the plaint that Shri Gamera (defendant) executed the bond on 011.1982 in favour of the appellant stating therein that the amount of Rs. 61,501/-was paid to Rehman Bhai by plaintiff Prakash Chandra on behalf of defendant and, therefore, defendant shall be liable for repayment of money to plaintiff Prakash Chandra.

3. A written statement was filed on behalf of defendant denying all the allegations. However, it was stated that the truck was purchased by Gamera at his own at the cost of Rs. 75,000/-and for this purpose one Shri Banshilal financed a sum of Rs. 50,000/-to him. The defendant stated in the written statement that the bond dated 011.1982 was never executed by him and the same is a forged document.

4. On basis of pleadings following five issues were framed by the trial Court:-

1. Whether the suit document is a bond. Hence insufficiently stamped consequently inadmissible in evidence?

2. Whether, the Deft. executed the suit document in circumstances mentioned in para 1 to 5 plaint. If so to what effect?

3. Whether Deft. Agreed to pay gtkZuk 1% P.M. pleaded in para 6 plaint. ? And liable to pay gtkZuk to the Tune of 23735?

4. Whether the Deft. Is not liable to pay the suit amount as pleaded in para 8 and 14 W.S.?

5. Relief .

5. The issue No. 1 was decided in favour of the plaintiff on the count that document Ex. P/5 was treated as a bond by order of the Court dated 08.01.1987 and the same was made admissible in evidence by depositing requisite penalty. The issue No. 2 was decided by the Court below against the plaintiff holding that the evidence placed to prove the suit was not trustworthy and whatever evidence produced is not sufficient to decree the suit.

.6. During the pendency of suit defendant Gamera died and, therefore, his legal representatives viz. Smt. Basanti and Smt. Radha were substituted as defendants. The present appeal is preferred by the plaintiff appellant assailing validity and proprity of Judgment dated 112.1995.

.7. I have heard Counsel for the parties.

.8. The contention of the Counsel for the appellant is that the Court below failed to appreciate the evidence available on record in just and proper manner. According to the appellant the bond executed between the parties was sufficiently proved on basis of the evidence and, therefore, there was no reason for not decreeing the suit as prayed.

.9. I have gone through the evidence available on record.

10. PW-1 is the plaintiff himself . The plaintiff in his statement stated that the amount of Rs. 61,501/-was paid to the defendant. He further states that the aforesaid amount was paid to the truck owner on different dates and the receipts in this regard were given by the truck owner. He has further stated that on 05.07.1989 a sum of Rs. 31,501/-was given to Shri Rehman Bhai, receipt of which is on record as Ex.1. The amount of Rs. 5,000/-in cash and Rs. 5000/-by cheque was paid to Jamal Bhai, receipt of which is Ex.2. He also states that sum of Rs. 10,000/-and a sum of Rs. 7,500/-was paid by him to Musa Bhai who happens to be nephew of Rehman Bhai. He has further stated that the bond Ex.5 was written by Shri Julfikar Ali, document writer. It is pertinent to note that in cross-examination h