RSA No.1765 of 2010

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

RSA No.1765 of 2010

Date of Decision: 06.05.2010.

Gurdev Singh

.……Appellant

Versus

Manjit Kaur and others

……Respondents

Coram:-

HON’BLE MR. JUSTICE L. N. MITTAL.

Present: Mr. H. S. Baath, Advocate for the appellant.

L. N. MITTAL, J (ORAL)

This is second appeal by defendant-Gurdev Singh, having

remained unsuccessful in both the Courts below.

Suit was filed by Nachhatar Singh (since deceased and

represented by respondents herein) against appellant -Gurdev Singh

for recovery of Rs.1,32,000/- under Order 37 of the Code of Civil

Procedure alleging that the defendant on 27.03.2004 borrowed

Rs.1,00,000/- from the plaintiff and executed pronote and receipt for

the same and agreed to repay the same with interest at the rate of

2% per month, but the defendant did not repay any amount. The

plaintiff claimed interest for pre-suit period at the rate of 1% per

month only amounting to Rs.32,000/-, in addition to the principal

amount of Rs.1,00,000/-.

The defendant inter alia pleaded that he had in fact taken

loan of Rs.50000/- from the plaintiff on 14.07.2003 for which

defendant's signatures were