CANARA JEWELLERS Vs. MANOHAR M KALRO

JUDGEMENT

(1.) The above first appeal is filed under Sec. 96 r/w Order XLI Rule 1 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC') by the Defendants challenging the Judgment and Decree dtd. 3/7/2012 passed in O.S. No.1519/2005, whereunder the suit filed by the Plaintiff for recovery of money has been decreed holding that the Plaintiff is entitled to a sum of Rs.10.00 lakhs from the Defendants together with interest @ 21% per annum from the date of the suit till date of realization.

(2.) For the sake of convenience, the parties will be referred to as per their rank before the Trial Court.

(3.) It is the case of the Plaintiff that Defendant No.1 - Firm requested for and availed a loan of Rs.10.00 lakhs on 28/2/2022 from him for the purpose of its business. The Defendant No.1-Firm is represented by its partners - Defendant Nos.2 and 3. Sri Yogesh Palke was another partner of the Firm, and after his death on 27/8/2004, Defendant Nos.4 and 5 being his son and wife have been arrayed as parties to the suit as legal representatives of the said Sri.Yogesh Palke. Defendant No.4 is also a partner of defendant No.1.