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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
BIPIN GUPTA
Bhagwati Prasad S/o Shri Khem Raj – Appellant
Versus
Amrit Lal S/o Shobha Lal – Respondent
JUDGMENT :
BIPIN GUPTA, J.
1. The present second appeal has been filed against the judgment and decree dated 27.03.1997 whereby the appeal filed by the present-respondent was allowed after setting aside the judgment and decree dated 30.05.1992 and the suit was decreed for Rs.3,000/- along with interest of Rs.1,035/- total Rs.4035/- with interest @12% per annum from the date of filing of the suit.
2. The plaintiff-respondent filed a summary suit for recovery of Rs.4,035/- against the defendant-appellant contending therein that the defendant had taken a loan on 22.03.1984 for the purchase of land. A pronote Exhibit-1 and receipt Exhibit-2 were executed on the same date. The agreed rate of interest was Rs.1.50 per Rs.100/- per month. However, neither the principal amount nor the interest was paid as per the terms of the pronote. Therefore, the plaintiff claimed the principal amount of Rs.3,000/- and interest of Rs.1,035/-, totaling Rs.4,035/-.
3. The defendant, after appearing in the suit, filed an application seeking leave to defend, which was granted. Thereafter, the defendant filed a reply denying the averments made in the plaint and contended that no loan amount was taken by him. It w
The appellate court improperly reversed a trial decision regarding the authenticity of signatures on a pronote without addressing the trial court's valid evidence comparison under Section 73 of the I....
A court may compare handwriting under Section 73 of the Indian Evidence Act without requiring expert testimony, provided there is sufficient circumstantial evidence.
The court upheld the trial Court's judgment confirming the validity of the promissory note and the plaintiff's entitlement to recovery, emphasizing the burden of proof on the plaintiff.
The burden of proof lies with the Plaintiff to establish the execution and validity of the promissory note, and the Court can compare signatures to determine authenticity.
The main legal point established in the judgment is the importance of proving due execution of a promissory note and the presumption under Section 118 of the Negotiable Instruments Act. The judgment ....
The burden of proof lies on the party asserting a fact, and failure to establish claims of forgery leads to dismissal of the appeal.
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