R.S.A. No. 1003 of 2008 (O&M) 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 1003 of 2008 (O&M) Date of Decision : 21.1.2009 Mithu Singh .......... Appellant Versus Major Singh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Vikas Singh, Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 797-C of 2009 C.M. is allowed. The affidavit is taken on record. R.S.A. No. 1003 of 2008 This regular second appeal is directed against the judgments and decree dated 3.3.2007 and 13.8.2007 passed by the learned Courts below vide which suit for recovery filed by the plaintiff stands decreed. The plaintiff sought recovery of Rs. 1,38,040/- (Rs. One lac thirty eight thousand and forty only) along with interest on the basis of pronote and receipt executed by the appellant-defendant in favour of the respondent-plaintiff. The plaintiff proved the due execution of the pronote and receipt. The learned courts below on appreciation of evidence held that R.S.A. No. 1003 of 2008 (O&M) 2 on proof of execution of pronote, the presumption has to be drawn that pronote was executed for consideration. To rebut this presumption, the best evidence was the scribe, whose affidavit was tendered as DW2/A, but he was not produced for cross- examination. It is settled law that if a witness is not cross-examined his evidence cannot be read. The defendant/appellant led no evidence to rebut the presumption. Concurrent finding of fact recorded by the learned Courts below has been arrived at on appreciation of evidence which does not call for any interference by this Court in regular second appeal. No question of law muchless substantial question of law, arises in this regular second appeal for consideration by this Court. No merit. Dismissed. 21.1.2009 ( VINOD K. SHARMA ) 'sp' JUDGE