RSA No. 1797 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 5496-C of 2008 CM No. 5497-C of 2008 in RSA No. 1797 of 2008 Date of Decision: December 10, 2008 Basanti Devi ...... Applicant- Appellant Versus Satbir Singh ...... Respondent Coram: Hon'ble Mr. Justice Ajay Tewari Present: Mr.K.S.Malik, Advocate for the applicant-appellant. **** 1. Whether Reporters of local papers 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. CM No. 5496-C of 2008 For the reasons recorded in this application, the same is allowed. Delay of 119 days in filing the appeal is condoned. CM stands disposed of. CM No. 5497-C of 2008 For the reasons recorded, this application is allowed. Appellant is permitted to sue as an indigent person. RSA No. 1797 of 2008 This appeal has been filed against the concurrent judgments of the Courts below decreeing the suit of the respondent-plaintiff for recovery on the basis of pronote. It has been held that the execution and RSA No. 1797 of 2008 2 consideration were proved by the statement of the plaintiff as well as the statements of two witnesses and that thereafter the onus shifted upon the appellant to either prove that she had not thumb marked the same or that no consideration had passed. In my opinion no infirmity can be found with this view. The appellant has further agreed that a plea had been taken that the plaintiff- respondent was in fact a money lender but had no licence for the same. He has relied upon Nikko Ram Ashok Kumar v. Jagtar Singh reported as 2005(2)PLR 794. In my opinion that judgment would not be applicable because there it was the admitted case of the parties that the plaintiff therein was a money lender but that his licence had expired. It is to be noted that the appellant has not led any evidence that the respondent was a money lender. In this view of the matter I hold that the questions of law proposed do not arise in this appeal and the same is dismissed. No costs. (AJAY TEWARI) JUDGE December 10, 2008 sunita