2010 (6) TMI 888 - HC - Indian Laws

Summary

Issues involved:
The issues involved in this case include the execution of a promissory note by the deceased, the consideration for the note, and the entitlement of the plaintiff to the decree sought.

Execution of Promissory Note:
The plaintiff filed a suit for recovery of a sum of Rs. 1,81,810/- based on a promissory note allegedly executed by the deceased. The trial Court decreed the suit, but the lower Appellate Court reversed this decision. The appellant argued that the signature on the promissory note was proved through cogent evidence, while the respondents denied the execution of the note. The lower Appellate Court framed the issue of whether the trial Court's decree deserved to be set aside.

Burden of Proof and Witness Testimony:
The appellant was under obligation to prove the execution of the promissory note due to the respondents' denial. The appellant's witness, PW-2, claimed to be acquainted with the deceased's signatures but did not provide conclusive evidence linking the signatures on the promissory note to the deceased. The trial Court's findings were deemed perverse and not based on sufficient evidence, leading to the dismissal of the Second Appeal.

Expert Opinion and Comparison of Signatures:
The appellant failed to establish a clear foundation for comparing the signatures on the promissory note with undisputed signatures of the deceased. The trial Court's assumption regarding the identification of signatures was deemed inadequate, as no expert opinion or conclusive evidence was presented to support the claim. The lower Appellate Court corrected the errors in the trial Court's judgment, emphasizing the lack of basis for comparison under Section 73 of the Indian Evidence Act.

Conclusion:
The Second Appeal was dismissed, with no costs awarded. The judgment highlighted the importance of proper evidence and expert opinion in cases involving the proof of signatures on legal documents, ultimately leading to the rejection of the appellant's claim based on insufficient proof of execution.