The main legal point established in the judgment is the importance of authenticated evidence and the responsibility of parties in understanding and adhering to the terms of a contract.

1. This second appeal is focussed by the defendants, animadverting upon the judgement and decree dated 24.07.2009 passed by the learned II Additional District Judge, Pondicherry in A.S.No.3 of 2009 reversing the judgment and decree dated 28.11.2008 passed by the learned Subordinate Judge, Mahe in O.S.No.44 of 2006.

2. The parties are referred to here under according to their litigative status and ranking before the trial Court.

3. Heard both sides.

4. The factual matrix would run thus:

a)The respondent/ plaintiff filed the suit O.S.No.44 of 2006 seeking the following reliefs: - to direct the defendants jointly or severally to pay Rs.90,000/- with interest as compensation for damages to the plaintiff and - for costs

(extracted as such)

b) Written statement was filed by the defendants resisting the suit.

c) Whereupon issues were framed. On the side of the plaintiff, the plaintiff examined himself as PW1 along with P.Ws.2 to 5 and marked Exs.A1 to A4. The first defendant examined himself as DW1 and marked Exs.B1 to B6.

d) Ultimately the trial court dismissed the suit. As against which, appeal was filed.

Whereupon, the first appellate court reversed the judgment and decree of the trial court and decreed the original suit.

5. Challenging and impugning the judgment of the first appellate court, this second appeal has been focussed on various grounds inter alia to the effect that the first appellate court, failed to furnish adequate reasons for reversing the reasoned judgment of the trial court.

- The findings given by the trial court based on evidence were not considered by the first appellate court in reversing the judgment of the trial court.

6. Accordingly, in the memorandum of second appeal the following substantial questions of law are found set out:

1. Is the first appellate court correct in granting Rs.50,000/- as damages more so when the respondent has failed to prove the damages as mandated under Sec.73 and 74 of the Indian Contract Act?

2. Is the first appellate court correct in rejecting the evidence Ex.B3 the gold loan pledge form cum ledger sheet which is a prima facie evidence as per Sec.4 of Bankers Book Evidence Act?

3. Is the first appellate court correct in relying upon Ex.A1 alone in decreeing the suit more especially when the ledger Ex.B3 mentioned by the bank speaks of the terms and conditions of the loan?

4. Are not the plaintiff entitled to recall the loan at any point of time despite the agreed period for redemption under Sec.108 of Transfer of Property Act?

(extracted as such)

7. After hearing both sides, I am of the view that the following substantial questions of law are involved in this matter.

1. Whether the first appellate court was justified in reversing the findings of the trial court without referring to the various factual findings rendered by the trial court and whether the first appellate court adhered to the provisions of Order 41 Rule 31 of CPC?

2. Whether the first appellate court was right in placing reliance on Ex.A1, which is only an unauthenticated photocopy and thereby finding fault with Ex.B2, which was admittedly signed by the plaintiff in four places, viz., three places in the front page and one place in the back of it?

3. Whether there is any perversity or illegality in the judgment rendered by the first appellate court?

8. A 'resume' of facts absolutely necessary and germane for the disposal of this second appeal would run thus:

The second defendant is the Branch of the South Indian Bank operating in Mahe and D1 is the Senior Manager of the said Bank at the relevant time. The plaintiff, being a police constable, approached the Bank for availing gold loan and the following gold jewels

1. Long chain (1) of 4 > sovereigns

2. Necklace (1) of 2 < sovereigns

3. Bangles (2) of 1 = sovereigns (> sovereigns each)

4. Bangles (2) of 4 sovereigns, 1 sovereigns each

Total 12 = sovereigns

were pledged by him with the bank and thereby he availed loan to the tune of Rs.33,000/-. According to him, the