Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXXVII, Rr.1, 2 & 3---Oaths Act (X of 1873), S. 12---Suit for recovery of loan on basis of pronote---Defendant/borrower in his written statement had alleged that pronote was without consideration and that same was prepared by fraud---Scribe of said pronote, had admitted that he had written pronote which was read over to parties and that defendant signed same in presence of witnesses---Scribe, however stated that no money changed hands in his presence---Two attesting witnesses of receipt of loan produced by plaintiff had stated that said document was executed by defendant after having received amount from plaintiff in their presence at his shop---Nothing had been brought out in cross-­examination of said two witnesses---Execution of pronote stood admitted while payment of consideration had been proved by said two witnesses--­Defendant alleged that amount of loan was not paid to him by plaintiff despite he promised to pay same---Said plea which was not taken by defendant in his written statement, otherwise prima facie was false--­Plaintiff, though refused to take oath on Holy Qur'an in Court, but by virtue of S.12 of Oaths Act, 1873, Court in such circumstances was only required to record as part of proceedings the nature of oath or affirmation proposed, and that it was refused and in case some reasons were assigned said reasons were also to be recorded---Nothing was, provided in the Oaths Act, 1973 which would enable the Court to compulsorily draw an inference against a person refusing to take oath-­Execution of pronote and receipt having been admitted and proved, no adverse inference could be drawn from refusal of plaintiff to take special oath as suggested by defendant---Suit had rightly been decreed by Trial Court and appeal against order of Trial Court was dismissed being without any force. Jumma Khan v. Allah Bakhsh AIR 1932 Lah. 25 ref. JUDGMENT On 9-9-2000, the respondent filed a suit against the appellant. In the plaint it was stated that the appellant received a sum of Rs.100,000 by way of loan and executed a pronote on 14-9-1998. A receipt was also executed in presence of the witnesses. The amount was…

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