Gurmeet Kaur vs Jaswant Singh And Others on 10 July, 2009

RSA No. 649 of 2006                      1


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                 RSA No. 649 of 2006

                                 Date of Decision: July 10, 2009


Gurmeet Kaur                                             ...... Appellant


      Versus


Jaswant Singh and others                                 ...... Respondents


Coram:      Hon'ble Mr. Justice Ajay Tewari


Present:    Mr. Maninder Arora, Advocate
            for the appellant.

            Mr. Gaurav Sharma, Advocate
            for respondent No.1.

                      ****

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?


Ajay Tewari, J.

This appeal has been filed by the appellant against the

concurrent judgments of the Courts below decreeing the suit for recovery on

the basis of the pronote. Learned counsel for the appellant has proposed

the following substantial questions :-

a) Whether any reliance can be placed on the testimony of

witnesses on whose instances the pronote is fabricated and

execution whereof has not been proved and neither the

signatures of the deceased Mohinder Singh have been admitted.
RSA No. 649 of 2006 2

b) Whether the Courts below can decree the suit of the

plaintiff after the death of executor of pronote i.e. Mohinder

Singh only on the basis of statement of PWs?

It would be seen that both the questions are pure questions of

fact. Learned counsel for the appellant has taken me through the findings

and the evidence on record but I regret my inability to hold that either the

findings are based on no evidence or that they are based on such a

misreading of the evidence which would render them perverse.

Consequently this appeal is dismissed. No costs.

(AJAY TEWARI)
JUDGE

July 10, 2009
sunita
RSA No. 649 of 2006 3