ALLAHABAD HIGH COURT
unknown, J
Ch. Birbal Singh v. Harphool Khan and Another
| Table of Content |
|---|
| 1. plaintiff's appeal for recovery based on a pronote. (Para 1 , 2 , 3 , 4) |
| 2. execution and consideration must be proven by the plaintiff. (Para 5 , 6 , 7) |
| 3. denial leads to no presumption of admission. (Para 8 , 9 , 10) |
| 4. court upheld initial judgment dismissing the appeal. (Para 11 , 12) |
1. This is a plaintiff's second appeal against the judgment and decree dated 27th April, 1966, passed by the learned District Judge, Meerut, dismissing his suit for the recovery of Rs. 1500/-.
2. The plaintiff - appellant had filed a suit for the recovery of Rs. 1,500/- on the basis of a pronote and a receipt dated 11-6-1962 for Rs. 1,000/- alleged to have been executed by the defendants and carrying an interest at the rate of one and a half per cent per mensem. Nothing was said to have been paid towards this loan.
3. The defendant No. 1 alone contested the suit, inter alia, on the grounds that the defendants neither borrowed any amount nor executed the pronote and the receipt in suit; that the plaintiff had to get a joint wall of the parties re - constructed and the defendants were to bear half costs. In that connection the plaintiff obtained their thumb impressions on blank papers.
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