Reqular Second ApPeal Noe 2211 of 2010 lOaMl v. Sm t a Shant i Devi

defendant srespondent s wit h cost s of t he alongwit h fut ure int erest t he rat e of 9 per cent per against t he j udgm ent and decree passed by t he t rial Court t he defendant sespondent s went in appeal before t he I ower appellat eCourt The said appeal of t he defendant sm respondent s was allowed by t he I ower appellat e Court j udgm entand decree dat ed 2582009 t hereby set t ing aside t he j udgm entand t he suit decree passed by t he t rial Court and dism issing I i t he plaint iffopellant Hence t his regular second appeal by t he plaint ifappellant Aft er hearing t he I earned counsel t he part ies and CJOlng t hrought he records of t he case t his appeal deserves t o be allowed for t he reasons t o be given hereinaft er Chandgi Ran predecessoreinwint erest of t he defendant srespondent s who a Teacher Governm ent 1 0 0 C5 I Z Ct I r Z OO m m Z Qm Senior Secondary School cordial relat ions wit h t he Bhagwan Singh t aken a I oan of Rs250001 from t he 24112002 I n t his regard Chandgi Ram had writ t en an ent ry in wit h Chandgi Ram s own handwrit ing and had prom ised t o repay t he I oanam ount t o t he plaint iffappellant wit h int erest t he rat e Rs1 50010 per m ont h The said ent ry is Exhibit P l Gupt a Suruchi 2012.11.16 15: 11 True Scanned Copy Of The Original PHHC,Chandigarh m ade by Chandgi Ram in t he presence Khem ChancPW and Shiv Narain PW1 Chandgi Ram died aft er obt aining t he JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document l 67 P e3 Reqular Second Appeal Noa 2211 of 2010 lOSMI 0 1 0 0 I C9 I Z r I Z 00 S7 Z I oan from t he When t he defendant who are wife and children of ChandgiRam refused t o t he I oan am ount t o t he plaint ifappellant even aft er a I egai not ice in t his regardwas served upon t hem by t he t he inst ant suit was filed by t he plaint ifappellant against t hem defendant srespondent so I n t he writ t en st at em ent filed by t he defendant srespondent sit was pleadedt hat t he ent ry Exhibit P l I ll t he Bahi t he result of fraud and hat ched by t he against Chandgi Ram PW in connivancewit h Khem Chand PW l and Shiv Narain However t he defendant s failed t o produce any evidence t o subst ant iat e t he allegat ionsof and m anipulat ion againstt he plaint ifappellant On t he ot her hand t he plaint if appellant besides exam ining him self as PW21 and exam ining t he writ ing Exhibit P 10 nam ely Khem Chand PWl and Shiv Narain PW also exam ined Sham sher Singh Malik Handwrit ing and Finger Print s Expert PW5 Sham sher SinghMalik PW5 aft er exam ining t he disput ed signat uresof ChandgiRam on t he writ ing Exhibit P l wit h signat ures t he At t endance Regist er Exhibit PWA Pay Regist er Exhibit PI N 418 and Proceedings Regist er Exhibit PWI CI opined t hat t he signat ures on writ ingExhibit P l At t endance Regist er Exhibit PWAI A Pay Regist er Exhibit PWA181 and Proceedings Regist er Exhibit PW041C1 were of one and t he sam e person 1e Chandgi Ram Gupt a Suruchi 2012.11.16 15: 11 True Scanned Copy Of The Original PHHC,Chandigarh Regist er Exhibit At t endance Regist er Exhibit PWAI AI PWAI B Proceedings Regist er JOYTI RANI 2016.03.28 16:00 Pay I attest to the accuracy and integrity of this document Exhiblt 68 V A 4 v Reqular Second Aooeal Noe 2211 of 2010 OSMI r 0 U I C I Z I Z m 1 W7 Z c8c 1 D PWAI CO had been provedon record by Raj roop WAI a Record CI erk in t he Governm ent Senior Secondary School where Chandgi Ram had been serving as a Teacher I n t he presenceof t his im peccableevidence bot h oral and docum ent ary t he t rial Court was j ust ified in decreeingt he suit of t he plaint if appellant ResuI t ant I y t his appealI S allowed t he j udgm ent and decree passedby t he t he t hose of t rial Court I ower appellat eCourt set aside rest ored However t he plaint iff appellant will be ent it led t o charge int erest on t he am ount of Rs250001 24112002 I ee t he rat e of 9 per cent per t he dat e when t he am ount in quest ion was borrowed by Chandgi Ram 7redecessornnt erest Of t he from t he plaint iff t ili it s act ual paym ent April 2011e 1 C MOHI NDER JUDGE PAL I Gupt a Suruchi 2012.11.16 15: 11 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document