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V.G.Rao Advocate (Advocate)     02 January 2010

prooving pronote under circumstances

A originally abtained loan from B who happens to be a relative of A, by signing blank pronote and handed over the same to B, later A repaid entire loan amount to B, but as B is his relative in good faith he did not demanded to return the pronote nor obtained receipt for repayment of the loan. after certain period B with an ulterior motive for illegal gain has handed over the blank pronote signed by A to C who is his friend and asked him to fillup the columns of pronote as if A obtained loan from C and furhter B signed as witness to the pronote and  got issued a legal notice to A  thorugh C claiming huge amount under the promissory note available with him, and though the said notice was received by the sons of A, they did not informed him aobut the said notice as such he could not issue reply notice to it. while matter stood thus C has filed a suit for recovery of money against the A, wherein the A filed his writtenstatement denying the any kind of relationship with C and further contended that the C  is stranger to him and at any point of time he had no monetary transactions of whatsoever with him,and in the plaint C did not pleaded how he got acquiantance with the A and who introduced to him execpt claiming money under pronote, A further denied the receipt of the legal notice.

In trial C  i.e plaintiff was examined as Pw-1, and B was examined as Pw-2 as attesting witness to the pronote.

Pw-1 during cross examination by counsel for A admitted that he has not mentioned in his plaint and chief affidavit that how he has got acquiantance with A and further stated that he has seen A only once at the time obtaining loan from him, and whereas in the plaint he stated that A approached him thrice once for obtaining loan, second time after two years  from the date of pronote to discharge part of loan amount and third time again to discharge his part of liablity  and his legal notice speaks about the same. and further Pw-1 i.e C failed to Identify the A when  questioned when A was physically  present in the court hall, at the time of cross examination and the same was recorded by the court.

In contra to the evidence of Pw-1, B deposed that A has paid part payments to C immediate after one month of execution of pronote and he was present on such two occassions with the A.

Thus from the above evidence A is prooved his case that C is stranger to him, but however the court decreed the suit in favor of Plaintiff on the ground that A has admitted his signatures on the pronote and he has failed to give reply to the legal notice of C.

Now my question is whether A can succeed in the appeal? if yes please quote me any suitable case laws in support of defendant A.

 Thanking you.



 5 Replies

subhash kumar (advocate)     02 January 2010

deaar, in appeal you can succeed only when you will persue your case deligently.  you can get the judgement  through google.

subhash kumar, adv

Mohit Attri (lawyer)     02 January 2010

accorrding to me u have no chance bcoz 99% case related to pronote goes in favour of pronote my opinion u sholud take a defence that pronote holder is a money leander and they dnt have a valid licence.bcoz in money leander act the money leander can not file a recovery suit if he has not a valid money leander you must to be prove before the court that the person who give the money was a money leander.


Mohit Attri


DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 August 2010

Now the case is decreed so you have to go in appeal where there are limited options. Still you must stress on as suggested by friends above the money lenders liecence.

Other grounds will be :-

1) Proof of notice sending notice by dully authorised person in pleadings of plaintiff , in most of the cases the plaintiff forget to mention about it.

2) Legality of loan.

3) Disbursement of loan that is consideration for PN.

Even ask for amendments of your pleadings at appellate stage., to include above.

sukhwinder singh (working)     24 January 2012

sir i have given 500000 to my friend ,1 year back,he took me money for 10 days but now he dont return me money,and also i am having pronote signed by him and one witness,so please tell me wht kind of action i can take...and what is the procedure...

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     24 January 2012

You have go after legal system .

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