acknowledgment made bahi entry of the plaintiff. The alleged entry
has been stamped and even signatures are obtained on revenue
stamp. Plaintiff has not produced the bahi itself. He has produced
only a folio i.e. one page of the bahi.
[11]. The fact shows that plaintiff maintains a bahi. The
production of one page i.e. folio from the original bahi has to be
proved by the plaintiff himself with regard to continuity of pages. It is
not the case of plaintiff that it was the only entry appearing in the
bahi which is subject matter of the present suit. In the absence of
such averment, bahi pre-supposes maintenance of account book of
monetary advances made by plaintiff in the capacity of professional
money lender.
Since onus of issue No.1 was on the plaintiff and he has
failed to discharge the same, therefore, he is not entitled to any
decree for recovery of the amount. The defendant has specifically
pleaded in the written statement that he has not signed any bahi
entry, rather his signatures have been obtained when he was in the
state of intoxication. Since the plaint does not contain any name of
the person who scribed the bahi entry, therefore, evidence of Satbir
Singh has to be treated out of context being beyond pleadings.
[14]. The signature appearing on the alleged bahi entry in Hindi
and his signatures on affidavit and statement in the Court in English
further aggravates the plea of the plaintiff and creates suspicion
whether Satbir Singh is the same person who allegedly signed the
bahi entry and has also appeared in the witness box. Father's name
of Satbir Singh further adds to the mystery as to whether he is son of
Bharat Singh-plaintiff or somebody else? Since the plaintiff has not
removed the cloud in his evidence, rather much of the evidence of
plaintiff is beyond the pleadings.
In respect of questions of law it is relevant to highlight that
mere exhibition of document does not dispense with proof of
execution. The name of the scribe as shown in the document has not
been pleaded by plaintiff in the plaint. Moreover the scribe who
allegedly prepared the bahi entry has signed the same in Hindi
whereas while appearing as witness his signatures are appearing in
English on affidavit as well as on the statement. There is no mention
about the scribe that he used to sign in both languages i.e. in Hindi
as well as in English. The pleadings in bahi entry as well as in the
plaint are at variance inasmuch that in the bahi entry, recital has
been made that amount would be repaid in the month of Jeth,
whereas there is no such averment mentioned in the plaint.
[17]. In view of aforesaid, bahi entry Ex.P1 is surrounded by
mysterious circumstances, hence cannot be read in evidence.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
RSA No.1454 of 2011
Date of Decision: 28.08.2015
Bharat Singh Vs Ram Chander
CORAM: MR. JUSTICE RAJ MOHAN SINGH
Citation:AIR 2016 (NOC) 654 P&H
