CSA - 178/2007 -Indradas Vs. Lakaram Judgment dt.21.7.08 1/2 S.B. CIVIL SECOND APPEAL NO.178/2007 Indradas Vs. Lakaram Date of order : 21st July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.K. Mathur for the appellant. --------- 1. This second appeal has been filed by the appellant- defendant against the concurrent finding of two courts below in a money recovery suit. 2. Learned counsel for the appellant drew attention of the Court toward Exhibit A/1, the relevant copy of page of cash book maintained by the plaintiff in the regular course of business showing the entries relating to advance of Rs.5,000/- and 12,800/- made by the plaintiff to the defendant. 3. Learned counsel for the appellant-defendant submitted that since the date on the said exhibit is written in English calender month viz. 6/1/1989 whereas the said books of account has been maintained in Mahajani accounting method wherein the figures of advance has been stated to be in figures written in local language (Mahajani), therefore, the said document was not believable and the courts below have averred in passing the decree on the basis of said entries. 4. This Court has considered the submission made at the bar and perused the said document Annexure A/1. The perusal of impugned judgment of the courts below also shows that courts below CSA - 178/2007 -Indradas Vs. Lakaram Judgment dt.21.7.08 2/2 have not only relied upon the said document which prima facie also does not make it unworthy of reliance, as writing of dates and figures in different styles cannot be said to be so incongruous so as to make the document itself unreliable, but the courts below have also relied upon the oral evidence of the parties and have passed the decrees against the defendant-appellant. 5. This Court is of the opinion that no substantial question of law arises in the matter so as to require any determination under Section 100 of C.P.C. 6. The present second appeal is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.42 babulal/-