In Brief
A plaintiff sued to recover Rs. 1 lakh loaned to the defendant, producing a promissory note (pro-note). The Trial Court and First Appellate Court found the defendant executed the pro-note and decreed the suit. The High Court, in second appeal, set aside the decree solely because the attesting witness to the pro-note was not examined. The Supreme Court allowed the appeal, holding that the High Court erred in re-appreciating facts. The signature was proved by a handwriting expert, execution corroborated by the deed writer, and consideration established through the defendant's admission. Non-examination of the attesting witness cannot defeat proof of execution when these elements are established. The Court restored the Trial Court's decree, emphasizing that factual findings by lower courts cannot be upset without showing perversity.
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