MOHAMMED IQBAL Vs. MOHAMMED ZAHOOR

JUDGEMENT

(1.) SINCE common question of law and that of fact arise for decision making, with the consent of the Learned Counsel for the parties, petitions are clubbed together, finally heard and disposed of by this common order.

(2.) FACTS in brief are: Respondent instituted SC 15043/2004, 16234/03 and 16233/03 for recovery of money from the petitioner. The plaintiff asserted that the defendant borrowed Rs. 50,000/- on 30. 12. 2001, as hand loan agreeing to pay Rs. 1000/- until the principle sum was repaid. The defendant's bank cheques drawn on Union Bank of India, Shivajinagar branch, when bounched, impelled the plaintiff to institute the suits as well as proceedings under the Negotiable Instruments Act, 1881.

(3.) DEFENDANT entered appearance and filed writtedn statement denying the plaint averments. The plaintiff examined himself as PW-1 and another witness as PW-2 and exhibited 11 documents Exs. P-1 to p-11 while the defendant examined himself as D W-1 and another witness as DW-2 but did not exhibit any documents. The trial court, in the premises of the pleadings of the parties, framed points for consideration and on appreciation of the evidence both oral and documentary decreed the suit with costs and current interest at 6% p. a. from the date of suit till the date of realization, by judgment and order dated: 24. 6. 2006.