RSA No. 3756 of 2014

1

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

RSA No. 3756 of 2014

Date of decision: July 23, 2014

Ram Kumar

....... Appellant

Versus

Ram Kumar

........ Respondents

CORAM:

HON'BLE MR. JUSTICE K. KANNAN

Present:-

Mr. V. S. Bhardwaj, Advocate

for the appellant.

****

K. Kannan, J (oral).

1.

The appeal is without any merit, for, the

decree is passed on an account entry that contains a debit against

the defendant which he has signed admitting the liability. The

defence had been that the signature was his but the recitals had

been falsely filled up. It is the contention that the corroborating

evidence relating to the several transactions that was said to have

taken place earlier had not been produced before the Court. It is

stated that Section 34 requires a proof on account of entries and the

same cannot be presumed. While entry in account by itself cannot

be a ground for presumption on correctness, if an account is settled

and it contains the signatures of the party it will be futile to contend

that entries are fabricated and the blank signature on an account

book had been filled. It is essentially a question of fact of whether

Archana arora

2014.07.30 17:40

I am the author of this

document

RSA No. 3756 of 2014

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there had been a liability undertaken by the defendant on subscribing

the signatures and there arisen no substiantial question of law. There

is also a contention that future interest is granted at 9%. In any

commercial transaction the future interest could also be on the

commercial rate and need not be at 6%. It has come through

amendment in Section 34 of the CPC that allows for future interest at

9% for commerical transactions at commercial rates.

2.

The second appeal is dismised.

(K. KANNAN)

JUDGE

July 23, 2014

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