Uma Shankar Sitani vs Veni Mehta on 17 July, 2015

CM No.1523/2015
For the reasons stated in the application the delay of 9 days in filing
the appeal is condoned.
RFA (OS) No.11/2015
1. Mediation has failed and thus we have proceeded to hear arguments in
the appeal. Learned counsel for the appellant urges that the respondent
never gave the cheque in question to the appellant, as pleaded by her in the
plaint. Learned counsel urges that the falsity of the stand of the respondent
is evidenced by the fact that in her affidavit by way of evidence, Ex.PW-
1/A, tendered by way of examination-in-chief she deposed that in
consultation with her husband she gave the cheque. Learned counsel urges
that in cross-examination she admitted that the cheque in question was
signed by her husband. Counsel urges that in the plaint she pleaded that she

gave the cheque in presence of her husband but did not depose to said fact in
her affidavit by way of evidence.

Source: Indian Kanoon

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