Gian Chand v. Baldev Raj, (P&H) : Law Finder Doc Id # 129271
PUNJAB AND HARYANA HIGH COURT
Before :- Hemant Gupta, J.
Regular Second Appeal No. 2867 of 2005. D/d. 23.2.2007
GianChand – Appellant
Versus
Baldev Raj – Respondent
Civil Procedure Code – Money suit – An agriculturist getting loan from commission agent (plaintiff) – Plaintiff filing suit for recovery of the loan amount – Suit decreed – Plaintiff is not entitled to pre-suit interest as it is not a commercial transaction.
Plaintiff Baldev Raj has examined himself as PW1 and proved the transactions between the parties. PW3 Shri Anil Kumar Gupta, Handwriting Expert, has compared the disputed signatures of the defendant on the bahi entries including that of Exhibits P-13 to P-15. Therefore, it is not the bahi entries alone which have been taken into consideration. Such evidence has been taken as corroborative evidence between the parties.
In view of the above, the impugned decree passed by the Courts below is modified. The suit of the plaintiff is decreed for the recovery of Rs. 63,477.06 along with interest at the rate of 6% per annum on the sum of Rs. 53,072.06 from the date of filing of suit till realisation of decretal amount.
9. The appeal stands disposed of accordingly.