HARKESH MANUJA
Chanan Singh – Appellant
Versus
Pritam Singh – Respondent
| Table of Content |
|---|
| 1. suit for recovery summary and procedural overview. (Para 1 , 2 , 3) |
| 2. court's assessment of evidence and decisions. (Para 4 , 5 , 10) |
| 3. appellant's arguments on evidential basis and legal procedure issues. (Para 6 , 7 , 8 , 9 , 12 , 13 , 14 , 15) |
| 4. conclusion and dismissal of appeal. (Para 11 , 16) |
Judgment
Mr. Harkesh Manuja, J.
CM No. 6103-C of 2022
Prayer in the present application moved on behalf of the applicant-appellant, is for restoration of the main appeal, which was dismissed for non-prosecution on 18.08.2022.
For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed and main appeal is ordered to be restored at its original number.
Registry to do the needful.
On the oral request of learned counsel for the appellant, the main case is taken on board today itself.
RSA No. 1404 of 2019 (O&M)
CM Nos. 3638-39-C of 2019
Prayer in the present two applications (i) CM No. 3638-C of 2019 is for condonation of delay of 326 days in re-filing the appeal; and (ii) CM No. 3639-C of 2019 for condonation of delay of 113 days in filing the appeal.
For the reasons set out in the applications which make out sufficient cause and al
The execution of promissory notes requires sufficient evidentiary support, and procedural irregularities do not automatically invalidate proceedings if they do not cause prejudice.
The signature of the maker of a promissory note must be proven for the presumptions under the Negotiable Instruments Act to apply; if the signature is disputed and found to be forged, the note is inv....
The burden of proof regarding execution lies on the plaintiff; mere denial by the defendant does not suffice for presumption of consideration.
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