G.S.SANDHAWALIA
Naresh Kumar – Appellant
Versus
Sukhdev Singh – Respondent
Mr. G.S. Sandhawalia, J (Oral). - The present Regular Second Appeal arises against the judgments and decree of the Courts below wherein the suit for recovery of Rs.1,69,400/- (Rs.1,10,000/- as principal amount and Rs.59,400/- as interest) has been decreed against the defendant.
2. The suit for recovery was filed by Sukhdev Singh-respondent on the allegations that on 1.5.2005, the defendant had borrowed a sum of Rs.1,10,000/- in the presence of witness and agreed to pay the sum along with interest at the rate of 1.5% per month to the plaintiff. It was alleged that at the time of borrowing the said amount pronote and receipt in favour of the plaintiff was executed in the presence of the witness and the defendant put his signatures in English language on the pronote and receipt after affixing the revenue stamp on the same. The contents of the pronote and receipt were read over and explained to the defendant in Punjabi language in the presence of witness and the pronote and receipt were scribed by the defendant himself. The said amount had not been repaid and thus, the suit came to be filed on 30.4.2008. In the written statement filed by the defendant/appellant, it was alleged
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