RSA No. 4025 of 2011. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 4025 of 2011. Date of Decision: 04.10.2011 *** Balwant Singh & Ors. .. Appellants VS. M/s Prem Nath Jiwan Ram .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. R.S. Budhwar, Advocate for the appellants. *** ARVIND KUMAR, J. Dely in re-filing the appeal condoned. This is the defendants' regular second appeal. The brief facts of the case are that the plaintiff filed the suit for recovery of Rs.1,10,190.74 ps with the averments that he is a commission agent and Man Singh, predecessor-in-interest of the defendants was having a running account with the firm and after his death the defendants, who are legal heirs of Man Singh opened the joint account with the plaintiff firm and used to borrow money from it by signing/ thumb marking the entries as a confirmation thereof. According to the plaintiff a sum of Rs.88,863.26 ps. Was due on 31.3.1997 which they failed to return. The stand of the defendants, on the other hand, was that defendant No.2 gave a sum of Rs.22000/- to the plaintiff firm and the same amount was to carry interest @ 1.25 paise, but to avoid return of the said amount, the plaintiff filed this false suit. The suit after contest was dismissed by the learned trial Court. However, on an appeal filed by the plaintiff, the same was allowed and the suit was decreed along with interest @ 18% per annum from the filing of the suit till realization. Dis-satisfied with the same, the defendants have filed the instant regular second appeal. Heard. It emerges out from the perusal of the impugned judgment that RSA No. 4025 of 2011. 2 various entries were produced on record by the plaintiff to show the money transaction between the parties, wherein the defendants, individually as well as for other defendants, received different amounts from the plaintiff and signed/ thumb marked the entries. Even defendant No.1 on 30.5.1995 vide entry (Ex.p14) received a sum of Rs.500/- from the plaintiff and acknowledged a sum of Rs.86864/- due towards the plaintiff. It further emerges out that on 30.4.1996, 25.9.1996, 28.9.1996 and 26.10.1996 defendants repaid some of the amount. Even an entry is proved on record which is dated 29.6.1994 vide which Bhulli Devi-defendant received an amount of Rs.9200/- from the plaintiff firm and the defendants never rebutted this piece of evidence. Thus, taking into account the fact that the plaintiff has proved the signatures of defendants on the entries, its execution and receipt of money, the learned appellate Court below rightly decreed the suit of the plaintiff. No substantial question of law arises in the instant appeal, which is accordingly dismissed in limine. (ARVIND KUMAR) JUDGE October 04,2011 Jiten