Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.2

Civil Procedure Code (V of 1908)--- ----O. VII, R.2---Suit for recovery of amount---Claim of the plaintiff was that through an agreement arrived at between the parties, plaintiff paid suit amount to the defendant for a joint business, but defendant did not start business and instead utilized said amount for his personal use---Defendant having failed to pay back suit amount, plaintiff had filed suit to recover said amount along with amount of damages---Agreement deed available on record had been signed by-both the parties and marginal witnesses---According to said marginal witnesses amount was paid by the plaintiff to defendant in their presence---In cross-examination nothing had been brought out by the defendant---Plaintiff, in circumstances, had succeeded to prove his case on the strength of agreement deed---No proof was brought out by the defendant that the marginal witnesses though related were interested and inimical towards him---Unless that factum was proved, evidence on record could not be brushed aside---Defendant who denied execution of said agreement was required to apply to the Trial Court for comparison of his signatures thereon through handwriting expert, but he had failed to avail that opportunity---Even otherwise, the courts were competent to compare the signatures and it was not necessary to examine the signature through handwriting expert and that was also not the requirement of law---Cogent evidence had been produced by the plaintiff in the court to prove agreement deed-All requirements of law had been fulfilled and it was proved that plaintiff had advanced the suit amount to the defendant---Scribe of the document who merely wrote a deed would not become a necessary witness, if the document executed between the parties was proved through testimony of marginal witnesses---Defendant had failed to point out any illegality or non-reading of evidence requiring interference---Appeal against of the Trial Court whereby suit filed by the plaintiff was decreed, was dismissed, in circumstances. JUDGMENT ATTAULLAH KHAN, J.---This regular appeal bearing No.11 of 2006 i5 directed against the Judgment and Decree dated 28-2-2006, passed by learned Senior…

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