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Tuesday, July 20, 2010

Civil Procedure Code, 1908, S.100

2010(2) LAW HERALD (P&H) 981
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Garg
RSA No.2632 of 2009 (O & M)
Mukhtiar Singh
v.
Harbhajan Singh
{Decided on 16/03/2010}
For the Appellant: Mr. Arihant Jain, Advocate.
(A) Civil Procedure Code, 1908, S.100--Money suit--Second appeal--Execution of pronote--Allegations of fraud & misrepresentation--Execution of pronote & receipt duly proved--Mere denial of defendant is not sufficient to rebut the oral as well as documentary evidence. (Para 4)
(B) Civil Procedure Code, 1908, S.34--Money Suit--Interest--Contractual transaction--Defendant agreed to pay interest @ 18% per annum on loan amount--Courts below awarded interest @ 12.5% only--No fault can be found on the question of interest. (Para 5)