SANNA MALLAPPA Vs. R.P. SIDDESHWARAPPA

JUDGEMENT

(1.) This is an unsuccessful plaintiff's regular second appeal against the judgment and decree dated 8-11-2013 made in R.A. No. 105 of 2012 on the file of the Itinerary Senior Civil Judge and Judicial Magistrate First Class, Madhugiri (sitting at Pavagada), confirming the judgment and decree dated 18-10-2012 made in O.S. No. 169 of 2010 on the file of the Civil Judge and Judicial Magistrate First Class, Pavagada dismissing the suit of the plaintiff for recovery of money mainly on the ground that the suit filed by the plaintiff is barred by limitation.

(2.) The plaintiff filed the suit for recovery of money of a sum of Rs. 30,960.00 with interest at 2% per month from the date of suit till the date of realisation contending that the defendant has borrowed Rs. 18,000.00 from the plaintiff for his family legal necessities by executing on demand promissory note dated 14-5-2007 agreeing to repay with interest at 2% per month. In spite of repeated demands the defendant has not paid the amount borrowed. Therefore the plaintiff was constrained to file the suit.

(3.) The defendant filed written statement denying the execution of pro-note and passing of consideration and contended that there was no necessity for the defendant to avail loan from the plaintiff. The suit is barred by limitation. The plaintiff is a professional money lender having no licence. "There is no cause of action for the suit and therefore, the suit is liable to be dismissed.