RSA No.291 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 291 of 2007 (O&M) Date of Decision: 15.7.2009 The Gill Gram Udyog Samiti (Regd.) .....Appellant Versus Balwinder Singh alias Budhu and others ..... Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr. Vikas Mohan, Gupta, Advocate for the appellant. Mr. V.S.Saini, Advocate for the respondents. *** 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. This appeal has been filed against the judgment of reversal allowing the counter claim of the respondent-defendants. Learned counsel has proposed the following question:- “a) Whether a document which is not proved, could be partly ignored and partly relied upon under the Evidence Act?” In this regard I find that the document in issue is the cash book of the appellant-plaintiff. Learned lower Appellate Court has held that to fasten liability on the respondent-defendants the evidence by way of the cash book entries of the appellants is not enough but requires some corroboration. Further, learned Lower Court has also taken into consideration the fact that nothing has been mentioned in the plaint or the RSA No.291 of 2007 2 replication to show how an amount of Rs. 55,000/- odd paid by the appellant has been worked out nor has any record been made a part of the plaint or replication. No fault can be found with this reasoning. However, on the basis of those very entries the learned lower Appellate Court has decreed the counter claim of the respondent-defendants holding that even though those entries may not be sufficient to fasten liability on the respondents yet they could be seen as admission. In my opinion no fault can be found with this reasoning. Thus, the question proposed is decided against the appellant. Consequently this appeal is dismissed. No costs. Since the main case has been decided, the CM stands disposed of. (AJAY TEWARI) JUDGE July 15, 2009 Sunita