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2015 Supreme(P&H) 1596

SURINDER GUPTA
Tarsem Singh – Appellant
Versus
Teja Singh – Respondent


Advocates:
For the Appellant:Mr. Deepak Aggarwal, Advocate.
For the Respondents in both the appeals:Mr. Arun Bansal, Advocate.

JUDGMENT

Mr. Surinder Gupta, J.: - By this common judgment the above captioned appeals are being disposed of as similar point for consideration arises in both the appeals. Plaintiff-Appellant (Tarsem Kumar) filed two separate suits under Order XXXVII of the Code of Civil Procedure (CPC) for recovery of Rs. 8,80,000/- (Rs. 6,00,000/- as principal and Rs. 2,80,000/- as interest) and Rs. 1,63,000/- (Rs. 1,15,000/- as principal and Rs. 48,000/- as interest). The suit for recovery of Rs. 8,80,000/- was filed against Teja Singh son of Kartar Singh while suit for recovery of Rs. 1,63,000/- was filed against Sukhdev Singh son of Bhan Singh. Both the suits were based on separate pronotes dated 20.09.2005 executed by Teja Singh and Sukdhev Singh in favour of Tarsem Singh.

2. In later part of judgment parties will be referred as plaintiff and defendants as per the civil suits.

3. Defendant-Teja Singh in his written statement denied execution of the pronote and took the plea that he had been selling his crops on the shop of Rakesh Kumar son of Shambhu Ram who was running the business of commission agent under the name and style of M/s Shambhu Ram Vijay Kumar, M/s Jishu Trading Company, M/s Durg















































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