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2004 Supreme(P&H) 39

V.M.JAIN
Jaspal Singh – Appellant
Versus
Balbir Singh – Respondent


Advocates Appeared:
For the Appellants :Shri R.S. Manhas, Advocate.

ORDER

V.M. Jain, J. - This appeal has been filed by the defendants against the judgments and decrees of the Courts below, whereby the suit filed by the plaintiff was decreed by the Trial Court and the appeal filed by the defendants was dismissed by the learned District Judge.

2. Balbir Singh plaintiff had filed a suit for recovery of Rs. 1,63,400/- (Rs. 95,000/- as principal and Rs. 68,400/- as interest) on the basis of pronote and receipt dated 19.4.1996, allegedly executed by Makhan Singh defendant (father of the present appellant) in favour of Balbir Singh plaintiff. It was alleged by the plaintiff that the defendant had taken a cash loan of Rs. 95,000/- from the plaintiff on 19.4.1996 and had agreed to pay interest @ 2% per month and had executed pronote and receipt in favour of the plaintiff in this regard. It was alleged that the defendant having failed to pay the principal and interest due thereon to the plaintiff, the plaintiff was entitled to recover the said amount from the defendant. On the death of Makhan Singh defendant, the suit was contested by the present appellants by filing the written statement taking up the plea that the suit was barred by time and also alleged t







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