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ARINDAM LODH, S. G. CHATTOPADHYAY
Subir Saha – Appellant
Versus
Ramthakur Trading Co. – Respondent
| Table of Content |
|---|
| 1. plaintiff's suit for money recovery (Para 1 , 2) |
| 2. trial court issues framed (Para 3 , 4) |
| 3. trial court decree details (Para 5 , 6) |
| 4. analysis of evidence legality (Para 7 , 8) |
| 5. final judgment and dismissal (Para 9 , 10) |
JUDGMENT
Arindam Lodh, J. - This first appeal under Section 96 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 12.06.2019 and 17.06.2019 respectively, passed by learned Civil Judge, Sr. Division, Court no. 1, West Tripura, Agartala in Money Suit No. 43/2016 decreeing the suit of the plaintiff-respondent.
2. The plaintiff [respondent here-in] had filed a suit for realization of money from the defendants [the appellants here-in], primarily, the defendant no. 1 for a sum of Rs. 10,40,000/- (Rupees ten lakh forty thousand) only along with an interest @ 6% per annum till satisfaction of the decree. The facts as narrated by learned Civil Judge, Sr. Division may be reproduced here-in-below:-
'The plaintiff is a proprietor firm dealing with construction items like iron rod, cement, sand etc. and has his shop at Nagerjala. The defendant No. 1 is an Engineer and is a Central Government Employee. The defendant No. 2 is
The burden of proof lies with the party introducing evidence, and mere admission of documents does not constitute proof under the Evidence Act.
The court upheld the importance of documentary proof in loan repayments and affirmed that concurrent factual findings from lower courts cannot be disturbed without evidence of perversity.
The court affirmed that specific performance of an agreement can be granted when the plaintiff proves execution and readiness to perform, despite the defendant's failure to file a written statement.
An admission of signature on a negotiable instrument creates a legal presumption of consideration, which must be rebutted effectively by the defendant.
The plaintiff must prove the foundational fact of execution of promissory notes to claim the benefit of presumption under Section 118 of the Negotiable Instruments Act.
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