{"id":26335,"date":"2009-02-26T00:00:00","date_gmt":"2009-02-25T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/rattan-lal-rattan-singh-vs-ms-gian-chand-and-brothers-and-on-26-february-2009"},"modified":"2018-08-01T07:20:52","modified_gmt":"2018-08-01T01:50:52","slug":"rattan-lal-rattan-singh-vs-ms-gian-chand-and-brothers-and-on-26-february-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/rattan-lal-rattan-singh-vs-ms-gian-chand-and-brothers-and-on-26-february-2009","title":{"rendered":"Rattan Lal @ Rattan Singh vs M\/S Gian Chand And Brothers And … on 26 February, 2009"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Rattan Lal @ Rattan Singh vs M\/S Gian Chand And Brothers And … on 26 February, 2009<\/div>\n
            IN THE HIGH COURT OF PUNJAB AND HARYANA\n                        AT CHANDIGARH.\n\n                                       R.S.A. No.1570 of 2008\n                                       Date of Decision: 26.2.2009\n\n            Rattan Lal @ Rattan Singh.\n\n                                           ....... Appellant through Shri\n                                                   Anil Kshetarpal,Advocate.\n\n                   Versus\n\n\n            M\/S Gian Chand and Brothers and another.\n\n                                          ...... Respondents through Shri\n                                                 Rajinder Goyal,Advocate for\n                                                 Shri Kushpal Singh,\n                                                Advocate.\n\n\n      CORAM: HON'BLE MR.JUSTICE MAHESH GROVER\n\n                               ....\n\n            1. Whether Reporters of Local Newspapers may be allowed to\n               see the judgment?\n            2. To be referred to the Reporters or not?\n            3. Whether the judgment should be reported in the Digest?\n\n                               ....\n\nMahesh Grover,J.\n<\/pre>\n
            This Regular Second Appeal is directed against the judgments<\/p>\n
dated 20.7.2006 and 12.3.2008 passed respectively by the Additional Civil<\/p>\n
Judge (Senior Division), Pehowa (hereinafter described as `the trial Court’)<\/p>\n
and the Additional District Judge, Kurukshetra (referred to hereinafter as<\/p>\n
`the First Appellate Court’) whereby the suit of the plaintiff-respondents was<\/p>\n
decreed and the appeal of the defendant-appellant was partly allowed.<\/p>\n
            A suit for recovery of        Rs.10,45,620\/- (Rs.9,72,670\/- as<\/p>\n
principal and Rs.72,950\/- as interest) along with pendente lite and future<\/p>\n
interest at the rate of 18% per annum was filed by the respondents against<\/p>\n
the appellant. The case of the respondents was that respondent no.1 is a
\n                            R.S.A.No.1570 of 2008<\/p>\n
                                      -2-<\/span><\/p>\n
                                      ….\n<\/p>\n
\npartnership firm and was doing the business of Commission Agency,<\/p>\n
whereas the appellant was an agriculturist and was having business dealings<\/p>\n
with it. On 30.4.2002, there was an outstanding balance of Rs.5,80,000\/-<\/p>\n
against the appellant, which was duly acknowledged by him under his<\/p>\n
signatures and corresponding entries were made in the accounts books. The<\/p>\n
other amounts were also detailed in the plaint. According to the<\/p>\n
respondents, since the appellant did not pay the outstanding amounts and<\/p>\n
stopped bringing his agriculture produce to them, they were constrained to<\/p>\n
file the suit. The interest was stated to have been calculated on the<\/p>\n
outstanding amount up to 27.5.2003.\n<\/p>\n
            Upon notice, the appellant appeared and filed his written<\/p>\n
statement contesting the suit. He disputed his liability to pay the amount in<\/p>\n
question to the respondents. The other averments were also denied.<\/p>\n
            On the pleadings of the parties, the trial Court framed the<\/p>\n
following issues:-\n<\/p>\n
            1. whether the plaintiff is entitled to recover an amount of<\/p>\n
               Rs.10,45,620\/- along with interest pendente lite and future @<\/p>\n
               18% per annum, as alleged?OPP<\/p>\n<\/blockquote>\n
            2. Whether the suit of the plaintiff is not maintainable in the<\/p>\n
               present form?OPD<\/p>\n<\/blockquote>\n
            3. Whether the plaintiff has no locus standi and cause of action<\/p>\n
               to file and maintain the present suit?OPD<\/p>\n<\/blockquote>\n
            4. Whether the suit of the plaintiff is bad for non-joinder of<\/p>\n
               necessary parties?OPD
\n                             R.S.A.No.1570 of 2008<\/p>\n
                                      -3-<\/span><\/p>\n
                                      ….\n<\/p><\/blockquote>\n
<\/blockquote>\n
             5. Relief.<\/p><\/blockquote>\n
            After appraisal of the entire evidence on record, the trial Court<\/p>\n
decreed the suit of the respondents for recovery of Rs.10,45,620\/- along<\/p>\n
with pendente lite and future interest at the rate of 6% per annum.<\/p>\n
            Feeling aggrieved, the appellant filed an appeal which was<\/p>\n
partially accepted by the First Appellate Court and it was held that entries<\/p>\n
Exhibits P4 and P9 were not proved on record. Except for the amounts<\/p>\n
mentioned in these entries, the rest of the findings recorded by the trial<\/p>\n
Court were upheld.\n<\/p>\n
            Still dis-satisfied, the appellant has filed this Regular Second<\/p>\n
Appeal.\n<\/p>\n
            Learned counsel for the appellant has assailed the findings of<\/p>\n
the Courts below and has contended that a perusal of the plaint and the<\/p>\n
evidence which the respondents have adduced are totally at variance with<\/p>\n
each other. It was submitted that in the plaint, a positive case was set out by<\/p>\n
the respondents that on 30.4.2002, an outstanding balance of Rs.5,80,000\/-<\/p>\n
was reflected in the accounts books. Reference was made to paragraphs 6<\/p>\n
and 7 of the plaint to buttress the point that this amount was further carried<\/p>\n
forward in the accounts books, but the accounts books which were produced<\/p>\n
and which have also been attached along with the present appeal, do not<\/p>\n
bear out the case of the respondents. It was contended that interpolations<\/p>\n
and manipulations in the accounts books have been made and no reliance<\/p>\n
could have been placed thereon. It was lastly contended that the onus to<\/p>\n
prove issue no.1 was upon the respondents and when the appellant had
\n                              R.S.A.No.1570 of 2008<\/p>\n
                                      -4-<\/span><\/p>\n
                                      ….\n<\/p>\n
\ndenied his signatures on the entries, it was incumbent upon them to have<\/p>\n
proved such entries by comparing his signatures with those on other<\/p>\n
documents, but the Courts below have erroneously held that it was for him<\/p>\n
to prove this aspect of the matter which has resulted in perverse findings<\/p>\n
being recorded.\n<\/p>\n
            On the other hand, learned counsel for the respondents argued<\/p>\n
that the findings of fact have been recorded by the Courts below and,<\/p>\n
therefore, the impugned judgments are perfectly in order.<\/p>\n
            I have thoughtfully considered the respective arguments and<\/p>\n
have perused the impugned judgments, as also the certified copies of<\/p>\n
various documents which have been            placed on record by the learned<\/p>\n
counsel for the appellant.\n<\/p>\n
            In my opinion, the following questions of law arise for<\/p>\n
determination by this Court:-\n<\/p>\n
            1. Whether a suit for recovery could be decreed when the<\/p>\n
               pleadings and evidence led by the plaintiff are at substantial<\/p>\n
               variance?\n<\/p><\/blockquote>\n
            2. Whether a plaintiff can be said to have established its case,<\/p>\n
               particularly when defendant denies borrowing any sum and<\/p>\n
               signatures on the cash book and no evidence including<\/p>\n
               document\/ finger print expert is led by the plaintiff to<\/p>\n
               establish the signatures of the defendant on the account<\/p>\n
               books?\n<\/p><\/blockquote>\n
            3. Whether a plaintiff is bound to lead some evidence to prove
\n                              R.S.A.No.1570 of 2008<\/p>\n
                                      -5-<\/span><\/p>\n
                                      ….\n<\/p><\/blockquote>\n
\n               that the alleged signatures of the defendant on the cashbook,<\/p>\n
               particularly when, the signatures are denied by the<\/p>\n
               defendant?\n<\/p><\/blockquote>\n
             4. Whether admission of the defendant can be assumed in<\/p>\n
               absence of clear and unambiguous admission of the party to<\/p>\n
               litigation?<\/p><\/blockquote>\n
             A perusal of paragraphs 6 and 7 of the plaint reveals that the<\/p>\n
positive case of the respondents was that there was an outstanding amount<\/p>\n
of Rs.5,80,000\/- against the appellant as on 30.4.2002 which amount was<\/p>\n
carried forward in the manner which has been detailed in paragraph 7 and,<\/p>\n
therefore,   a net balance of    Rs.6,24,670\/- was there      as on 1.4.2005.<\/p>\n
Paragraphs 6 and 7 of the plaint are extracted below:-<\/p>\n
             “6. That on 30.4.2002, there was an outstanding balance of<\/p>\n
             Rs.5,80,000\/- (Rs.Five lacs eighty thousand only) towards the<\/p>\n
             deft. which the deft. acknowledged under his signatures on the<\/p>\n
             corresponding entry in the account books of the plffs.<\/p>\n<\/blockquote>\n
             7. That during the financial year 2002-03, deft. had borrowed<\/p>\n
             advance amount on various occasions from the plffs. as shown<\/p>\n
             below. The same are duly entered in the rokar bahi of the plffs.<\/p>\n<\/blockquote>\n
               Date                              Amount\n\n               09.05.2002                            650-00\n\n               16.05.2002                        9000-00\n\n               31.05.2002                        9400-00\n\n               29.03.2003                       73620-00\n                             R.S.A.No.1570 of 2008\n\n                                      -6-<\/span>\n\n                                      ....\n\n\n<\/pre>\n
               Thus, having a net balance of Rs.6,24,670\/- (Rs.Six lacs<\/p>\n
               twenty four thousand six hundred seventy only) towards the<\/p>\n
               plffs. which was carried out by the plffs. in all books for the<\/p>\n
               year 2003-04 starting from 01.04.2005.”<\/p><\/blockquote>\n
             If the aforesaid averments are tested on the strength of the<\/p>\n
evidence which was led by the respondents in the shape of Exhibits P1, P2,<\/p>\n
P3, P7, P9 and P10, then it transpires that the entries in the accounts books<\/p>\n
and their plea in the pleadings do not complement each other. Exhibit P1<\/p>\n
shows that the amount outstanding            on   30.4.2002 was Rs.5,80,000\/-,<\/p>\n
whereas on 29.3.2003, it was Rs.6,64,670\/-, but, as seen above, the<\/p>\n
pleadings show that the amount outstanding as on 29.3.2003 was<\/p>\n
Rs.6,24,670\/-. Moreover, there are various interpolations in Exhibits P9<\/p>\n
andP10 where the dates have apparently been changed as in two of the dates<\/p>\n
reflected therein as 27.3.2003 and 28.3.2003, the figure of `5′ has been<\/p>\n
converted into `3′. In Exhibit P8, the amount reflected is Rs.6,64,670\/-,<\/p>\n
whereas     according to their own showing of the respondents, the<\/p>\n
outstanding amount was Rs.6,24,670\/-.\n<\/p>\n
             Further, the appellant has denied his signatures on the entries<\/p>\n
which have been relied upon and which, in the opinion of the Court, have<\/p>\n
been manipulated and are visible to the naked eye. Once such a change has<\/p>\n
been set up by the appellant, the onus was upon the respondents to have<\/p>\n
examined the handwriting expert to establish the veracity of the signatures<\/p>\n
to bring home their plea as set up by them in their plaint.<\/p>\n
              The onus to prove issue no.1, which has been reproduced
\n                             R.S.A.No.1570 of 2008<\/p>\n
                                      -7-<\/span><\/p>\n
                                      ….\n<\/p>\n
\nabove, was upon the respondents. The Courts below were certainly in error<\/p>\n
when they returned a finding that the onus to prove the falsity of the<\/p>\n
signatures was upon the appellant. It was the respondents, who were relying<\/p>\n
upon these entries and the signatures of the appellant and, therefore, it was<\/p>\n
their bounden duty to prove the same beyond any shadow of doubt.<\/p>\n
            The testimony of PW1-Parveen Kumar, who was Accountant<\/p>\n
of the respondents and that of PW2-Gian Chand are also at variance. PW1<\/p>\n
has stated that the appellant had taken loan of Rs.5,80,000\/- on 30.4.2002<\/p>\n
regarding which entry had been made at page 6 of the rokar bahi, whereas<\/p>\n
PW2 has stated that outstanding amount against the respondent as on<\/p>\n
20.4.2002 was Rs.5,80,000\/- and the certified copy of that entry is Exhibit<\/p>\n
P2.\n<\/p>\n
            Therefore, two things glaring stand out, – (i) that the averments<\/p>\n
as pleaded in the plaint and the subsequent evidence in support thereof are<\/p>\n
at variance with each other and the evidence does not complement the facts.<\/p>\n
It is a settled principle of law that a fact has to be pleaded specifically and<\/p>\n
tested on the positive evidence to be adduced before the Court.            The<\/p>\n
pleadings and the evidence in support thereof can neither be ambiguous nor<\/p>\n
in the conjectural domain leaving the conclusion to mere inferences, rather<\/p>\n
than to plausible conclusions.\n<\/p>\n
            That apart, in a suit for recovery, the entire case depends on the<\/p>\n
documents on which such a claim is based. The onus to prove is always<\/p>\n
upon the person, who approaches the Court by testing his plea on the<\/p>\n
strength of such documents. The statement of accounts and rokar bahi etc.
\n                             R.S.A.No.1570 of 2008<\/p>\n
                                       -8-<\/span><\/p>\n
                                       ….\n<\/p>\n
\nas maintained by the Commission agents are accepted pieces of evidence,<\/p>\n
but at the same time, the onus to prove them is upon the plaintiff and such<\/p>\n
documents have to be proved in toto.\n<\/p>\n
             Concededly, the appellant was having business dealings with<\/p>\n
the respondents, so much so, his father and brother were having accounts<\/p>\n
with them and, therefore, it would not have been difficult for the<\/p>\n
respondents to prove the signatures of the respondents and which was<\/p>\n
imperative in the face of the denial set up by him. The Courts below were<\/p>\n
in error in shifting the onus upon the appellant to prove that his signatures<\/p>\n
were not existing upon the documents sought to be relied upon by the<\/p>\n
respondents. A person is not expected to lead evidence in negative.<\/p>\n
             The aforementioned questions of law, therefore, stand answered<\/p>\n
as above and it is held that since the pleadings and evidence are at variance<\/p>\n
with each other and the respondents had not proved the accounts books by<\/p>\n
establishing the signatures of the appellants on the same and also for the<\/p>\n
reason that the appellant was not expected to lead evidence in the negative,<\/p>\n
this Court is of the opinion that the respondents have failed to establish their<\/p>\n
case.\n<\/p>\n
             Consequently, this appeal is accepted and the impugned<\/p>\n
judgments and decrees are set aside.\n<\/p>\n
February 26,2009                                 ( Mahesh Grover )\n\"SCM\"                                                Judge\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Punjab-Haryana High Court Rattan Lal @ Rattan Singh vs M\/S Gian Chand And Brothers And … on 26 February, 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No.1570 of 2008 Date of Decision: 26.2.2009 Rattan Lal @ Rattan Singh. ……. Appellant through Shri Anil Kshetarpal,Advocate. Versus M\/S Gian Chand and Brothers […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-26335","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nRattan Lal @ Rattan Singh vs M\/S Gian Chand And Brothers And ... on 26 February, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/rattan-lal-rattan-singh-vs-ms-gian-chand-and-brothers-and-on-26-february-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Rattan Lal @ Rattan Singh vs M\/S Gian Chand And Brothers And ... on 26 February, 2009 - 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