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Hrnra00010372017 5 2018-09-10
Hrnra00010372017 5 2018-09-10
675/2017
1
IN THE COURT OF SH. HIMANSHU SINGH, ADDITIONAL
CIVIL JUDGE (SENIOR DIVISION), MOHINDERGRH.
--Plaintiff.
Versus
--Defendants.
JUDGMENT:
1. The present suit has been filed by the plaintiff seeking a decree
(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/10.09.2018
Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 675/2017
2
for recovery of money amounting to ₹ 1,44,000/- (Principal amount of ₹
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
executing the said pronote and receipt the contents of the same were read over
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
averred that defendants have failed to make the payment of the said amount
plaintiff. Thereafter, plaintiff sent a legal notice dated 09.12.2016 through his
despite service and was proceeded against ex-parte vide order dated
(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/10.09.2018
Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 675/2017
3
04.12.2017.
witnesses:
PW-4 Subhash.
Ex. PW4/B to
Ex. PW4/B to
of refusal.
(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/10.09.2018
Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 675/2017
4
Thereafter, learned counsel for plaintiff closed evidence on
16.02.2018.
date of filing present suit. To prove his case plaintiff got examined PW-1
Sanoj and PW-4 Subhash, who are attesting of pronote Ex. PW1/B and receipt
Ex. PW1/C, have categorically stated that pronote and receipt were executed
deceased defendant Naresh Kumar from plaintiff in their presence and after
the same correct appended his signatures on pronote and receipt and witnesses
himself who almost reiterated the contents of plaint and deposed that on
month and executed pronote Ex. PW1/B and receipt Ex. PW1/C in his favour
but despite demand and service of legal notice he failed to return the
(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/10.09.2018
Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 675/2017
5
interest 2% per month and on the date of filing present suit, amount ₹
1,44,000/- i.e. ₹ 1,00,000/- principal sum and ₹ 44,000/- being interest found
clear that present suit has been filed on 09.09.2017 whereas pronote and
receipt were executed on 19.11.2015, 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
and same is hereby decreed ex-parte with costs for recovery of a sum of ₹
the defendants to the extent of the estate inherited by them being LRs of
deceased Naresh Kumar. They are further held entitled to pendente lite and
1,00,000/- from the date of filing of suit to till realization of the decreetal
(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/10.09.2018
Jagdish Parsad Vs Naresh Kumar (Died) through LRs & others CS No. 675/2017
6
amount. Decree sheet be drawn accordingly. File be consigned to records after
doing needful.
Note: All pages of this Judgment have been checked and signed by me.
(Himanshu Singh),
Addl. Civil Judge (S.D.)
UID No. HR – 0300 Mohindergarh.
(Chinoo) 10.09.2018
(Himanshu Singh)
Addl. Civil Judge (SD)
UID No. HR – 0300 Mohindergarh/10.09.2018