2018 (1) ABR 522 ::(2017) 4 CivilCourtC 390 ::(2017) 4 AllMR 381 (BOM) ::(2018) 2 Bom CR 783 ::(2017) 5 Mah LJ 863 ::(2018) 2 CurCC 248 ::(2018) 181 AllIndCas 398 (BOM)

Bombay High Court

Hon'ble Judge(s): A. S. Chandurkar , J

(A) Evidence Act (1 of 1872) S. 61, 62, 67, 68 — Contents of document — Proof — Examination of attesting witness — Though attestation of document viz. loan agreement not mandatory as per S. 68 — But examination of attesting witness does not militate case against lender — Testimony of attesting witness as to witnessing scribing of document, acceptable — Contents of document held, proved.

(B) Evidence Act (1 of 1872) S. 61, 63(5) — Contents of document — Proof — Document written, read over to borrower and signed in presence of attesting witness — Attesting witness stating about witnessing scribing of document — Production of original document, executed between lender and borrower, before court — Borrower, prudent businessman, not responding to demand notice sent by lender, relevant fact — Failure of borrower to prove his plea that lender obtained his signature on blank paper — Contents of documents, proved. AIR 1957 SC 857, Relied on. (Paras 10, 11, 12)