High Court Punjab-Haryana High Court

Amrik Singh vs Sukhwinder Singh And Others on 31 August, 2009

Punjab-Haryana High Court
Amrik Singh vs Sukhwinder Singh And Others on 31 August, 2009
RSA No. 4040 of 2008                 1

        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                          RSA No. 4040 of 2008
                         Decided on : 31-08-2009

Amrik Singh

                                                  ....Appellant
                   VERSUS

Sukhwinder Singh and others

                                                  ....Respondents

CORAM:- HON’BLE MR. JUSTICE HEMANT GUPTA

Present:- Mr. Abhishek Arora, Advocate for the appellant

HEMANT GUPTA, J

The defendant is in second appeal aggrieved against the

judgment and decree whereby suit, on the basis of pronote and receipt dated

11.12.2003 to the sum of Rs.24,500/- alongwith interest of Rs.13,759/- was

decreed by the learned First Appellate Court. The execution of the pronote

is sought to be proved by examining Karamjit Singh and Gurdev Singh

attesting witnesses of the receipt Ex.P-2 and by plaintiff appearing as his

wife. It has been found that both the witnesses have deposed to execution

of receipt of Rs.24,500/- by the defendant and execution of the documents

in their presence. Their statement is also in support of the agreement of the

respondent to pay interest at the rate of 1.56% per month and the receipt of

the amount of pronote by the defendant.

The First Appellate Court also considered the statement of

defendant appearing as DW1 wherein the defendant has denied signatures

on the pronote and receipt. The stand of the defendant, that the said

documents are result of fraud and mis-representation, was found to be
RSA No. 4040 of 2008 2

lacking in plea and in evidence. In view of the said fact, the suit based on

pronote and receipt was decreed. Aggrieved against the said judgment and

decree the defendant is in second appeal.

Learned counsel for the appellant has vehemently argued that

the findings recorded by the First Appellate Court in respect of execution of

pronote and receipt suffer from illegality and mis-reading of evidence. It is

contended that both the attesting witnesses of the receipt have denied the

execution of receipt in their presence in their cross-examination. Therefore,

the finding recorded by the First Appellate Court is not sustainable.

The defendant while appearing as witness has not denied his

signatures on the pronote and receipt. The pronote is not required to be

attested. Therefore, the statement of the attesting witnesses to a receipt

denying execution of receipt in their presence is not sufficient to return a

finding that the pronote is also not proved to be executed. The defendant

has raised a plea of fraud and mis-representation. However, no evidence

was led in support of such plea. Therefore, once the defendant has not

denied his signatures on the pronote and in the absence of any proof of

fraud and mis-representation, the same is proved to be executed. Therefore,

the finding recorded by the First Appellate Court cannot be said to be

suffering from any illegality or irregularity.

Learned counsel for the appellant has also argued that interest

is awarded on a higher side and nterest at the rate of 1.56 % per month is

excessive.

Once the defendant has agreed to pay such interest, such rate of

interest cannot be said to be onerous so as to permit the defendant to dispute

the same. As a matter of fact, the grant of future interest at the rate of 6%
RSA No. 4040 of 2008 3

per annum from the date of filing of the suit compensates the grant of claim

of interest at the rate of 1.56% from the date of pronote till the filing of the

suit.

In view of above, no substantial question of law arises in the

present appeal for the consideration of this Court.

Hence, dismissed.

August 31, 2009                                       (Hemant Gupta)
rekha                                                     Judge