Punjab-Haryana High Court
Smt. Kamla Devi vs Anil Kumar Banka on 30 March, 2009
Author: A.N.Jindal
Bench: A.N.Jindal
RSA No.133 of 2009 [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
Regular Second Appeal No.133 of 2009 Decided on : March 30, 2009 Smt. Kamla Devi ... Appellant VERSUS Anil Kumar Banka ... Respondent CORAM :
HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Vinod S.Bhardwaj, Advocate for the appellant.
A.N.JINDAL, J.-
Kamla Devi - plaintiff/ appellant (herein referred as `appellant') has filed this Regular Second Appeal against the judgment and decree dated 1.9.2008 passed by District Judge, Bhiwani, dismissing the appeal against the judgment and decree dated 20.12.2005 passed by Additional Civil Judge (Senior Division), Bhiwani, dismissing her suit.
The suit is based on a writing dated 1.5.2006, whereby, a sum of Rs.25,000/- was lent to Anil Kumar Banka - defendant/ respondent. However, the respondent denied the allegations including the factum with regard to receipt of loan as also the execution of the writing. The Trial Court as well as the first Appellate Court while holding that neither execution of the writing, nor the passing of the RSA No.133 of 2009 [2 ] consideration thereunder stand established by leading cogent evidence on record, declined to decree the suit.
Both the courts below have returned a finding of fact that the execution of the writing as well as passing of the consideration are not established. No particular reasons have been assigned to interfere with such findings. The evidence appears to have been appreciated in the right perspective.
No substantial question of law is involved. No ground to interfere.
Dismissed.
March 30, 2009 ( A.N.JINDAL ) `gian' JUDGE