Punjab-Haryana High Court
Sukhwinder Kaur And Another vs Krishan Kumar on 31 October, 2008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
R.S.A No.3478 of 2007 Date of decision: 31st October, 2008
Sukhwinder Kaur and another … Appellants
Versus
Krishan Kumar … Respondent
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
He also examined Surinder Kumar attesting witness PW-2 and Anil Kumar Gupta, Handwriting and Fingerprint Expert PW-3. Appellant-defendant Sukhwinder Kaur herself appeared as DW-1. Amarjit Singh, Advocate was examined as DW-2, Harminder Singh as DW-3 and Mohinder Nath Sharma as DW-4.
Both the parties had examined the Handwriting and Fingerprint Expert and they had given their reports, which were in variance with each other. The trial Court found it safe not to rely upon the testimony of any Expert. Taking into consideration the pronote (Ex.P-1) and receipt (Ex.P-2), the testimony of Suridner Kumar PW-2 attesting witness, the suit was decreed. The Court further held that it had applied intrinsic test and himself examined the documents and found the same not to be forged or fabricated.
Accordingly, decree and judgment of the appellate Court is modified to the extent that plaintiff will not be entitled to pendentelite interest @ 12 percent p.a. and costs. However, he shall be entitled to recovery of Rs.1.00 lac with interest @ 6 percent p.a. from the date of decree till realization of the decretal amount. With these modifications in the order of appellate Court below, present appeal is disposed off