RAMAKRISHNA Vs. H L KUMARA

JUDGEMENT

(1.) The present respondent had instituted a suit in OS No. 120/2007 against the present appellant in the Court of Civil Judge and JMFC., Periyapatna (henceforth for brevity referred to as "the trial Court") for recovery of a sum of Rs.34,191/- with interest thereupon.

(2.) The summary of the case of the plaintiff before the trial Court was that he had lent a sum of Rs.29,000/- to the defendant on 10.06.2004 for his legal necessities at Periyapatna, for which the defendant had executed an on demand promissory note and consideration receipt on the same day in favour of the plaintiff, by agreeing to repay the loan amount on demand along with interest at the rate of 2% per month. Despite several demands made by the plaintiff the defendant failed to repay the loan amount. Thereafter, the plaintiff issued a legal notice to the defendant on 12.05.2007. However, the defendant since failed to repay the loan amount, the plaintiff was constrained to institute the suit.

(3.) In response to the summons, the defendant appeared through his counsel and filed his written statement denying all averments made in the plaint. He specifically contended that he had not at all borrowed any amount from the plaintiff and had not executed any promissory note or consideration receipt in favour of the plaintiff.