M R MAHESWARAIAH Vs. GANGADHARA

JUDGEMENT

(1.) The suit of the present appellant in his capacity as plaintiff filed before the Court of the Principal Civil Judge (Sr.Dn.) at Davangere (hereinafter for brevity referred to as "Trial Court") for recovery of a sum of Rs. 2,37,300.00 with interest at the rate of Rs. 1.5% per month there upon from the present respondent defendant came to be dismissed by the Trial Court by its impugned judgment and decree dated 22nd March 2008 passed in O.S.No.26/2004. Challenging the said judgment, the plaintiff in the Court below has preferred this appeal.

(2.) The summary of the case of the plaintiff in the Court below was that, on 05-05-2003, the defendant had borrowed a sum of Rs. 2,10,000.00 from him for development of agricultural and household necessities. In that regard, the defendant executed a demand Promissory Note on the very same day in his favour wherein, he has agreed to repay the said amount of Rs. 2,10,000.00 within four months of the execution of the Promissory Note. However, the defendant failed to repay the promised amount with interest despite several demands made by the plaintiff which constrained him to institute a Suit.

(3.) Inspite of giving sufficient opportunity, the defendant though appeared in the Trial Court, failed to file the Written Statement within time. As such, the Written Statement filed by him beyond time was rejected by the Trial Court.