M JEETENDAR GANDHI Vs. HUTHAPPA

JUDGEMENT

(1.) THIS revision under the Small Cause Courts Act, 1964 arises from the judgment and decree dated 2-1-1996 passed by the XV Additional Small Causes Judge (SCCH. 17), Bangalore (Mr. N. Subba Rao), whereby the trial Court dismissed the plaintiff's suit for the recovery of money to the tune of Rs. 22,925. 00.

(2.) ). The case of the plaintiff is that the defendants 1 to 3 have taken loan of Rs. 15,000/- on 10-10-1990 from the plaintiff - revision petitioner for interest at the rate of 18% per annum and agreed to repay the same within one year. According to the plaintiff's case the promissory note and consideration receipt were executed by defendants. The plaintiff's further case is that despite issue of legal notice dated 15-4-1993 the defendants-respondents did not repay the loan with interest. So the plaintiff has filed a suit for the recovery of a sum of Rs. 15,000/- together with interest at the rate of 18% p. a. amounting to Rs. 7425/- and notice charges of Rs. 500/- in all Rs. 22,925. 00.

(3.) THE defendant No. 2 on the summons being served put in their appearance through a counsel, but did not file any written statement. The first defendant though served did not put in his appearance and the case proceeded ex parte.