Q.(a) Amrita Singh gave a loan of Rs.5,00,000/- to Kulvinder Singh bearing interest @ 18% p.a. simple. A promissory note was signed by Kulvinder Singh at the time of giving the loan in the presence of Amrita Singh. (b) Over two years after the loan was granted, Kulvinder Singh paid different amounts on ten occasions and signed a register in the presence of Amrita Singh on each occasion when he paid amounts either towards part repayment of the loan or towards interest. (c) Amrita Singh had an accountant Kalyanji who used to maintain in the regular course of business all the books of accounts and also all the business records of the various loans which used to be advanced by Amrita Singh. (d) An acknowledgment of debt form was signed by Kulvinder Singh after two years of the signing of the promissory note in the presence of Kalyanji but not in the presence of Amrita Singh. (e) Since the loan was not repaid Amrita Singh filed a suit for the recovery of the loan and interest due. During the pendency of the suit and during the course of leading her evidence Amrita Singh died. Amrita Singh in her evidence before she died had proved and exhibited the promissory note and the register, but before she could depose further she expired. (f) After the legal heirs of Amrita Singh were brought on record the suit continued and the remaining evidence in the suit was led in the form of deposition of Kalyanji and who also again proved and exhibited the promissory note, the register which Kulvinder Singh signed at the time of repayment of the part of the loan/interest and also the acknowledgment of debt form. (g) The Advocate of Kulvinder Singh at the stage of final arguments took the objection that the evidence led by Amrita Singh could not be looked into as she died before she was cross examined and that Kalyanji could not prove and exhibit the promissory note and the register where Kulvinder Singh had signed because the said documents were not signed in Kalyanji’s presence by Kulvinder Singh. (i) Decide the objections. (ii) Could Amrita Singh if she was alive and had led evidence proved and exhibited the acknowledgment of debt form which was not signed in her presence ?
Posted on: Sat, 01 Feb 2014 10:30:27 +0000
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