R.S.A.No. 3358 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Misc. Nos. 10360 to 10362-C of 2009 and R.S.A.No. 3358 of 2009 Date of decision: 18th November, 2009 Mohinder Singh .......Appellant Versus Dashmesh Trading Company, New Grain Market, through its proprietor Hoshiar Singh (deceased) through LRs .......Respondents Before: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. R.S.Rangpuri, Advocate for the appellant. RAJIVE BHALLA,J.(Oral) Civil Misc. No. 10360-C of 2009 Prayer in this application is for condoning the delay of 20 days in refiling the appeal. For the reasons stated in the application, the delay of 20 days in refiling the appeal, is condoned. C.M stands disposed of accordingly. Civil Misc. No. 10361-C of 2009 The delay if any, in making good the deficiency in court fee, is condoned. Civil Misc. No. 10362-C of 2009 and R.S.A.No. 3358 of 2009 The appellant challenges judgments and decrees dated 21.05.2008 and 11.04.2009, passed by the Additional Civil Judge R.S.A.No. 3358 of 2009 -2- (Senior Division), Malout and the Additional District Judge, Muktsar, decreeing the suit filed by the respondents and dismissing his appeal. The plaintiff/respondents filed a suit for recovery of Rs.79,225/- by pleading that the defendant/appellant had borrowed Rs. 62,148/- but had failed to repay the same. In support of these averments, the respondents placed reliance upon entries in his account book, which are signed by the appellant. In response to the averments in the plaint, the appellant denied the receipt of any amount from the respondent and and in turn levelled an allegation of fraud. After considering the pleadings, the evidence adduced and the arguments addressed, the trial court decreed the suit by upholding the correctness of the entries in the account book and rejecting the appellant's allegation of fraud. Aggrieved by the aforementioned judgment and decree, the appellant filed an appeal. Vide judgment and decree dated 11.04.2009, the Additional District Judge, Muktsar, dismissed the appeal and affirmed the findings recorded by the trial court. Counsel for the appellant submits that as per the statement of accounts, the appellant is alleged to have cleared his account on 6.11.1998. It therefore, does not appeal to reason that the appellant would raise a fresh loan of Rs. 57,400/- on 7.11.1998. It is argued that when the appellant who is poor and illiterate, cleared his account, the respondent may have R.S.A.No. 3358 of 2009 -3- induced him into affixing his signatures on blank pages of the account book, which were later converted into entries, reflecting the raising of a loan by the appellant. It is prayed that as the allegation of fraud has been established, the judgment and decree passed by the courts below be set aside. I have heard counsel for the appellant, perused the impugned judgments and decrees and find no reason to hold that the courts below have committed any error of law as would require interference. Admittedly, the entries in the account book, countersigned by the appellant, record the receipt of Rs. 57,400/- and other smaller amounts. The appellant's plea that he was falsely induced into affixing his signatures on blank pages of the account book remains unsubstantiated for failure to produce any cogent evidence. Both the courts below are concurrent in their opinion that the loan stands proved. As findings of fact recorded by the courts below do not suffer from any error the appeal is dismissed with no order as to costs. However, liberty is granted to the appellant to pay the decretal amount in such equated installments as may be determined by the executing court. [RAJIVE BHALLA] JUDGE 18th November, 2009 Shivani Kaushik