Supreme Court · 2022 INSC 1094 · Decided 14 October 2022
Kapil Kumar v. Raj Kumar
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1094 · [2022] 13 S.C.R. 554
- Case number
- CIVIL APPEAL No. 5854/2022
- Decided
- 14 October 2022
- Bench
- M.R. SHAH, KRISHNA MURARI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; NI Act Section 4, 118
Headnote
Negotiable Instruments Act, 1881 - ss. 4 and 118 - Promissory note - Appellant instituted recovery suit against respondent contending that the latter borrowed Rs. 1 lakh from him and also executed a pro-note in favour of appellant - Respondent denied execution of pro-note by him - Trial court decreed the suit - Decree upheld by First Appellate Court - Second appeal allowed by High Court on ground that attesting witness to the pro-note was not examined and therefore, content of the pro-note was not proved - Held: High Court erred in
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