Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No.

89/2017
1
IN THE COURT OF SH. HIMANSHU SINGH, ADDITIONAL
CIVIL JUDGE (SENIOR DIVISION), MOHINDERGRH.

CIS Reg. No. CS-89 of 2017.

UID No. HR – 0300
Civil Suit No. 22 of 2017.
Date of Instt. 01.02.2017.
Date of Decision. 19.05.2018.

Jagdish Parsad son of Sh. Prashuram, resident of Gaushala Road,

Mohindergarh, Tehsil and District Mohindergarh.

--Plaintiff.

Versus.

1. Naresh Kumar (Died) through LRs A. Smt. Santosh widow, B. Himanshu,

C. Hitesh sons, D. Krishma, E. Nachita daughters of Naresh Kumar son of Sh.
Raghunath, resident of village Sohli, Tehsil Buhana, District Jhunjunu
(Rajasthan).
2. Smt. Rewati Devi wife of Sh. Raghunath mother of Naresh Kumar, resident
of village Sohli, Tehsil Buhana, District Jhunjunu (Rajasthan).

--Defendants.

Suit For Recovery

Present: Sh. SS Yadav, Advocate for plaintiff.

Defendants No. 1A to 1E and 2 ex-parte vide order dated
04.07.2017.

JUDGMENT:

1. The present suit has been filed by the plaintiff seeking a decree

for recovery of money amounting to ₹ 57,000/- (Principal amount of ₹

(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/19.05.2018
 Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 89/2017
2
50,000/- + ₹ 7,000/- interest).

2. The fact of the case are that Naresh Kumar, husband of defendant

No. 1A, father of defendants No. 1B to 1E and son of defendant No. 2 has

died and the present defendants inherited his estate. It is the case of the

plaintiff that on 21.06.2016 deceased defendant Naresh Kumar borrowed a

sum of ₹ 50,000/- from the plaintiff. In this regard, deceased defendant

Naresh Kumar executed a pronote and receipt in favour of plaintiff. Before

executing the said pronote and receipt the contents of the same were read over

to the deceased defendant Naresh Kumar and deceased defendant Naresh

Kumar after admitting the contents of the said pronote to be true signed the

same in presence of the witnesses and handed over the said pronote and

receipt to the plaintiff. The rate of interest stipulated @ 2 % per month. It is

averred that defendants have failed to make the payment of the said amount

alongwith interest to the plaintiff on time, despite repeated requests of the

plaintiff. Thereafter, plaintiff sent a legal notice dated 09.12.2016 through his

Advocate to the defendants but of no avail. Hence, this suit.

3. Upon notice, defendants No. 1A to 1E and 2 failed to appear

despite service and was proceeded against ex-parte vide order dated

04.07.2017.

4. In his ex-parte evidence plaintiff Jagdish Parsad got examined

(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/19.05.2018
 Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 89/2017
3
himself as PW-3 and further examined Subhash as PW-1, Sanoj as PW-2 and

Paramvir clerk of Sh. SS Yadav, Advocate as PW-4. Plaintiff also relied upon

following documents:-

Ex. PW1/B Pronote.

Ex. PW1/C Receipt.

Ex. PW3/C Jamabandi for the year 2016-17.

Ex. PW4/A Legal notice.

Ex. PW4/B to

Ex. PW4/G Postal receipts.

Ex. PW4/H to

Ex. PW4/M Registered Ads received back with the report of refusal.

Thereafter, learned counsel for plaintiff closed evidence on 14.09.2017.

5. I have heard learned counsel for the plaintiff and carefully

considered the record.

6. Present is a suit for recovery of amount ₹ 57,000/- consisting of

₹ 50,000/- principal sum and ₹ 7,000/- as an interest accrued on the date of

filing present suit. To prove his case plaintiff got examined PW-1 Subhash

and PW-2 Sanoj, who are attesting of pronote and receipt Ex. PW1/B & Ex.

PW1/C, have categorically stated that pronote and receipt were executed by

deceased defendant Naresh Kumar when ₹ 50,000/- were borrowed by

(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/19.05.2018
 Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 89/2017
4
deceased defendant Naresh Kumar from plaintiff in their presence and after

execution of pronote and receipt deceased defendant Naresh Kumar admitting

the same correct appended his signatures on pronote and receipt and witnesses

also appended their signature as witnesses. PW-3 Jagdish Parsad is plaintiff

himself who almost reiterated the contents of plaint and deposed that on

21.06.2016 defendant borrowed ₹ 50,000/- from him on interest @ 2% per

month and executed pronote and receipt Ex. PW1/B & Ex. PW1/C in his

favour but despite demand and service of legal notice he failed to return the

borrowed amount alongwith interest. From the evidence led by plaintiff it

stands proved by preponderance of probabilities that amount ₹50,000/- was

borrowed by deceased defendant Naresh Kumar from plaintiff at the rate of

interest 2% per month and on the date of filing present suit, amount ₹

57,000/- i.e. ₹ 50,000/- principal sum and ₹ 7,000/- being interest found

outstanding against defendants. So far as the limitation is concerned, it is

clear that present suit has been filed on 25.01.2017 whereas pronote and

receipt were executed on 21.06.2016, thus suit is well within limitation period

of three years. The entire oral coupled with documentary evidence adduced by

plaintiff has gone unrebutted and un-challanged and there is no reason for this

court to disbelieve the same, hence plaintiff is held entitled for recovery of

amount as prayed for.

(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/19.05.2018
 Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 89/2017
5
7. In view of aforesaid discussion, suit filed by plaintiff succeeds

and same is hereby decreed ex-parte with costs for recovery of a sum of ₹

57,000/- i.e. ₹ 50,000/- principal sum and ₹ 7,000/- being interest against

defendants to the extent of the estate inherited by them being LRs of deceased

Naresh Kumar along-with pendente lite interest at the rate of 6% per annum

from the date of institution of suit till realization of decreetal amount. Decree

sheet be drawn accordingly. File be consigned to records after doing needful.

Pronounced in open court. (Himanshu Singh),

Dated:19.05.2018. Addl.Civil Judge (S.D.)
Mohindergarh.

Note: All pages of this Judgment have been checked and signed by me.

(Himanshu Singh),
Addl. Civil Judge (S.D.)
UID No. HR – 00300 Mohindergarh.
(Chinoo) 19.05.2018

(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/19.05.2018