90 1 iN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No of 2007 OSMl Date of decision 1642e2008 Dhanna Singh Appellant VERSUS Mls Sukhcharan SinghMajorSingh 1 Respondent 0 C I CORAM HONBLE MR JUSTICE RAKESH KUMAR GARG 0 I Present Mr BikramjitSinghAdvocate 2 fOr the appellant Mr S Bhinder Advocate for the respondent r 08 RAKESH KUMAR GARG J 7 Z The plaintifrespondentwhich is a partnership concern r deaiingin the business of commission agentfiled a suit for recovery of IRs 774501 againstthe appellantas the Iatter had failed to repay the Ioan amount taken by him on vanous dates on the groundthat the appellantused to come to the shop of the plai and he was havinghis open and current account with the plaintiHm respondentfirm and he used to take Ioan from the plaintif respondentand in the year 1998 the appellantis allegedto have tallied the account with the firm and confirmed the balance of Rs350001 by puttinghis on f2044A 4l 4 . Rashmi 2012.07.27 17: 01 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 91 0 0 RSA No of 2007 108M1 n2e 1761 998 and Iater on the appellantis allegedto have taken more Ioan but he failed to repay the Ioan hence the presentsuit Upon notice the appellantappearedand vehemently denied his impressionover any bahi and pleaded that fhe suit is based upon forgedand fabricated document In fact the appellantused to sell his producewith the plaintif 1 and in order to escape from his Iiabilitythe plaintif 0 respondentforgedand fabricated the said entry The account books Ca3 used to remain in the possessionof the and the X C5 same were not regularlychecked by the Taxation DepartmentEven I r the ppellantnever confirmed the balance amount of Rs50001e as Z allegedbythe plaintifrespondent and hence prayedfor dismissal of C the suit 08 The trial Court after consideringthe evidence both oral and documentaryon record and hearingthe argumentsof the e Z Iearned counsl for the partiesdecreed the suit of the plaintifffor a recoveryof Rs193261 alongwith interest 9010per annum from the date of of debt Regarding the remainingamount the suit was dismissed Plaintiff was also grantedfuture interest 6Io per annum Still not satisfied the plaintiffchallengethe aforesaid judgmentand decree of the trial Court byfilingan appealprayingthat the case of the plaintiffshould have been decreed for whole of the amount claimed and the trial Coutt erred in holdingthat the plaintiH iIS entitled to recover only Rs193261 along with interest The Lower 14C . Rashmi 2012.07.27 17: 01 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 92 11 RSA No of 2007 108M1 e3e Court vide impugnedjudgmentand decree dated 4m082005 paltly acceptedthe appeal and modified the decree passedby the trial Court and passed a decree for recovery of R424601 along with interest c1 20Io per annurn e from 28104 998 e the Iast entrytill the date of the decree and future interest 6Io per annum from the date of the decree e 2020041 m till the date of realisation It is pertinentto mention here that the 5 0 C defendant did not challengethe judgmentand decree of the Lower AppellateCourt C5 I Feelingaggrievedagainstthe impugnedjudgmentand Z decree of tlie Lower AppellateCourt the defendant has filed thIs 2 appealin this Court X have heard Iearned counsel for the appellantsand 08 perusedthe record 7 The only questionfor determination before the Lower Z AppellateCourt was as to whether the plaintiffwas entitled to 0m recover the whole amount as claimed by him or Iesser than that While partlyacteptingthe appealof the plaintiffthe Lower Appellate Court observed as undec The plaintiffin this case has even placedon record the entries of his account books and the entries excepting th ree entries bearthe signaturesofthe defendant The defendant has not Ied any evidence to prove that his signaturesare not there on the entriesut of the entries which the amount has been claimed by the 44 . Rashmi 2012.07.27 17: 01 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 93 0 0 9 PRSA No of 2007 108M1 e4e plaintiffonly entries for Rs9581 dated 181 998 R17451 dated 5 998 and of Rs dated 17e81998 do not bearthe signaturesofthe defendant The defendant havingnot Ied any evidence to prove that he had not signedthe entries and the two PWs of the plaintiff havingstated on oath that the defendant signed Ct the entries in their presence it has to be taken that the 0 C3 defendant signedthe said entries The signatureson the entries are in Panjabiianguageand the defendant in his CD crossmexaminationhas stated that he cannot sign Ill Z PunjabiThen he admitted that the written statement and 0 the power of attorneybear his signaturesHe signedhis affidavlt tendered in evidence Itl PanjabiHis written 08 statement also bears the signaturesin Panjabiand m7 simplecomparisonof his signatureson the written Z statement and the affidavit with the signatures on the Om entries Ieaves no doubt that these entries were signed by him He havinghimself Singedthe entries and the evidence being there that the defendant took the amounts as Ioanand then signedthe entries the Iiability of the defendant is therelerefore exceptingthe above said three amounts all other amounts were recoverable from the defendant The total of the said three entries comes to Rs2031 The total amount claimed from the defendant is Rs6631 and after deductingRs 32031 . Rashmi 2012.07.27 17: 01 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 94 0 RSA No of 2007 08M1 V 5 the amount recoverable comes to Rs4601e The defendant is bound to make the paymentof said amount 1 therefore hold the plainff is entitled to recover a sum of R424601 on amount outstandingagainst the defendant taken as ioan Il 1 Frorn the above findingsof the trial Coutt it is clearly 0 established that in the present case the plaintiffespondenthad 0 provedhis case by producinghis account books and the entries CO which are dulysignedbythe defendant in PunjabiIanguage The defendant has not Ied any evidence in his defence to Z provethat his signaturesare not there on the entries He havingfail to Ieadany evidence to prove that he had not signedthe entries and I 08 thewitnesses of the plaintiffhavingstated on oath that the defendant r signed the entries in their presence the trial Court was right in 7 Z the impugnedfindingswhich are herebyaffirmed 40m For the reasons mentionedabove I find no merit in this appeal No substantial questionof Iaw arises Dismissed u RAKESH KUMAR GARGI 16 December 2008 JUDGE DPAcV oyN I74l 1 ee r5I l 1101 . Rashmi 2012.07.27 17: 01 Scanned True Copy Of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document