High Court of Punjab and Haryana, Chandigarh
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Samitter Singh v. Manjit Singh - RSA-3995-2005  RD-P&H 1753 (16 March 2006)
Case No. : R.S.A.No.3995 of 2005
Date of Decision : March 06, 2006.
Samitter Singh .... Appellant
Manjit Singh .... Respondent
Coram : Hon'ble Mr.Justice Viney Mittal.
* * *
Present : Mr.Malkeet Singh, Advocate
for the appellant.
JUDGMENT (Oral) :
The defendant has failed before the two courts below in a suit for recovery of Rs.1,24,000/-, filed by the plaintiff, on the basis of pronote and receipt, and has, consequently, approached this court through the present Regular Second Appeal.
Both the courts below have found it as a fact that the pronote and receipt dated March 10, 1997 were executed by the defendant in favour of the plaintiff and that an amount of Rs.1,00,000/- had been taken by way of loan by the defendant from the plaintiff. The plea raised by the defendant that the aforesaid amount had been repaid, has been rejected since the same was not proved by leading any cogent evidence. Consequently, the suit filed by the plaintiff was decreed by the learned trial court and appeal of the defendant failed before the learned first appellate court.
Nothing has been shown that the findings recorded by both the courts below suffer from any infirmity or are contrary to the record.
No question of law, much less any substantial question of law, arises in the present appeal.
March 06, 2006 ( VINEY MITTAL )
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