Hi all
thank you for your responses and replies.
hear the problem is in 1 st notice we mentioned that the amount has given time to time as hand loan and in rejoinder notice that the defendant used to run chit business and the matured chits has given has hand loan.
pw2 who is her son stated in cross matured chits given as hand loan
after the defendant expired we have attached some of her properties.
they have admitted that the signatures in cheque and promissory note belongs to defendant and the same has been stolen by my mother plaintiff., not lodged any police complaint Further here the plaintiff is my mother it's not me.
pw 3 who is the attestor of promissory note a admitted in his cross the defendant signed infront of me by stating that she has to pay amount of rs25 lakhs
after the defendant death we have changed the lawyer and obtained the chit books which were in Ni act and pleaded as in chief and taken hand Writting proof (writing which is written petition infront of court and cheque amount has been written her own hand Writting) and submitted in civil suit
the judge has given judgement in favour of defendant due to difference in notice. They did not consider witness of pw1, 2 and 3. and chit books which were written by defendant own handwriting
please suggest
regards
guru
