Gurmit Singh son of Avtar Singh to a question in cross-examination had admitted that he had seen Kewal Singh while counting the money and thus, payment of earnest money of 90,000/- has been proved. Even in the cross examination, Kewal Singh was asked about the receipt of earnest money before appending the signatures and his reply was that he had received earnest money of 90,000/-, thereafter, he attested agreement Ex.P1, thus, there is no force in the submission of Mr. Singla that PW2 in one line examination-in-chief stated that he had not seen the payment of earnest money. The entirety of the evidence led has to be seen and not in piecemeal. The other attesting witness, namely, Gurmit Singh son of Harbans Singh, in cross-examination admitted that the typist, who typed the agreement Ex.P1 in his presence had read over the contents to the parties to lis and Kewal Singh, defendant No.2, Attorney of the appellant had signed Ex.P1 at two places after admitting its contents to be true and correct. DW2-Kewal Singh, in cross examination also admitted that he had appended the signatures at two places in evidence and he was subjected to detailed cross examination but the appellant had not been able to shatter his statement. In fact, he was suggested to the question whether he was still holding a Power of Attorney or not, the answer was in positive. The Oath Commissioner had also appeared and acknowledged his signatures on the affidavit. Non-production of the register would not be material as the Oath Commissioner has to deposit the register every year. If at all, the appellant had any apprehension regarding genuineness of the attestation, he could have summoned the
