RSA NO.2320 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.6600-C of 2007 & RSA NO.2320 OF 2007 DECIDED ON : 11.11.2009 Gora Lal ...Appellant versus Manjit Singh @ Pappu ...Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI Present : Mr. Ashish Verma, Advocate for the appellant. Mr. Ashok Bhardwaj, Advocate for the respondent. **** 1.Whether Reporters of local newspapers 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. (ORAL) CM No.6600-C of 2007 For the reasons mentioned in the application, delay of 49 days in re-filing the appeal is condoned. CM stands disposed of. RSA NO.2320 OF 2007 This appeal has been filed against the concurrent judgments of the Courts below dismissing the recovery suit filed by the appellant on the basis of a pronote and receipt. Both the Courts below have concurrently found that the appellant has not been able to prove consideration for the pronote. The following questions have been proposed: RSA NO.2320 OF 2007 -2- i) Whether the dealing of a commission agent farmer, fall within the ambit of money lending? ii)Whether in the present case the appellant should have obtained/hold a license under the Money Lending Act? iii)Whether the witness produced by the appellant can be termed as stop witness? iv)Whether the ld. Courts below can give such findings which are not pleaded and proved by the defendant? v)Whether the defendant had not signed/executive the promissory note? In my opinion, the main issue is whether the findings of the Courts below that the appellant was not able to prove consideration, is liable to be interfered with. Learned counsel for the appellant has not been able to persuade me that the findings recorded are either based on no evidence or on such misreading of evidence, which render them so perverse as to justify interference under Section 100 of CPC. Once the said finding is upheld, the proposed questions do not arise. Consequently, this appeal is dismissed. November 11, 2009 (AJAY TEWARI) sonia JUDGE