R.S.A. No. 1164 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 1164 of 2009 (O&M) Date of Decision : 18.3.2009 Ravinder Pal Singh .......... Appellant Versus Jagmit Singh ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Anupam Singla, Advocate for the appellant. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 3439-C of 2009 The appellant-applicant seeks the condonation of delay of 7 days in filing the appeal on the plea that due to the treatment of his sister he could not file the appeal within time and it was on said account that delay of 7 days had occurred in filing the appeal. The averments of the application have been supported by an affidavit, which make out a sufficient cause for condoning the delay of 7 days in filing the appeal. Consequently, the C.M. is allowed, the delay of 7 days in filing the appeal is condoned. R.S.A. No. 1164 of 2009 This regular second appeal is directed against the judgments and decree dated 25.3.2008 and 2.12.2008 passed by the learned Courts R.S.A. No. 1164 of 2009 2 below vide which suit filed by the plaintiff / respondent for recovery on the basis of pronote and receipt stands decreed. The plaintiff / respondent brought a suit for recovery along with interest on the plea that loan of Rs. 1,27,000/- (Rupees one lac and twenty seven thousand only) was advanced to the appellant / defendant against pronote and receipt. However, he failed to pay the principal or the interest. It is also the case of the plaintiff / respondent that notice was issued to the appellant / defendant but he did not file any reply to the said notice. In the written statement a plea was taken that in fact a loan of Rs. 27,000/- was taken whereas rupees one lac was added subsequently. However, the learned courts below on appreciation of evidence have recorded a concurrent finding of fact holding that there is no alteration in the pronote especially in view of the fact that in receipt which is admittedly signed by the appellant / defendant there was no alteration whatsoever therefore the stand of the appellant / defendant could not be accepted. The Courts have also held that in fact the pronote was filled in by defendant / appellant. The learned counsel for the appellant contends that this appeal raises the following substantial questions of law for consideration by this Court :- 1. Whether the learned Courts below misread the evidence on record and, thus the findings recorded are perverse ? 2. Whether the judgment and decree could be passed on the basis of pronote which contains material alteration ? R.S.A. No. 1164 of 2009 3 In support of the questions of law, the learned counsel for the appellant contends that the pronote was duly exhibited as Ex.P-1 and receipt as P-2. The bare looking at the pronote Ex.P-1 would show that there is material alteration in the pronote and, therefore, the contention of the learned counsel for the appellant is that as the judgments and decree passed by the learned Courts below suffer from misreading of evidence and deserves to be set aside by accepting the substantial questions of law raised. On consideration of the matter, I find no force in the contention raised by the learned counsel for the appellant. The learned Courts below have recorded a concurrent finding of fact that there is no material alteration as alleged by the appellant / defendant. The reading of the pronote shows that the word “one lac”contains no alteration as contended. Even otherwise it is admitted case by the appellant / defendant that there is no alteration in receipt which was proved to have been filled by the appellant. The concurrent finding of fact recorded by the learned Courts below is on appreciation of evidence. The findings cannot be said to be based on misreading of the documentary or oral evidence as contended. There is no alteration as claimed in the pronote to deny the relief to the plaintiff / respondent. The substantial questions of law are answered against the appellant / defendant. No merit. Dismissed. 18.3.2009 ( VINOD K. SHARMA ) 'sp' JUDGE