LAWS(CHH)-2010-7-26

RUKMANDHWAJ PATEL Vs. CHANDRASHEKHAR SHARMA

Decided On July 12, 2010
RUKMANDHWAJ PATEL Appellant
V/S
CHANDRASHEKHAR SHARMA Respondents

JUDGEMENT

(1.) THIS is defendant's appeal under Section 96 of the Code of Civil Procedure (briefly, "the Code") against the judgment and decree dated 3-2-2009 passed by 1st Additional District Judge, Raigarh, in Civil Suit No. 5-B/2008 whereby and where under, the respondent's suit has been decreed.

(2.) FACTS of the case in brief are as under:

(3.) SECONDLY, as the plaintiff had not maintained any account of loan nor furnished to the appellant any statement of account in respect thereof, as required under Section 3 (1) (a) and 3 (1) (b) of the Act, therefore, the Trial Court has erred in awarding the amount of Rs. 99,000/- as interest over the principal amount of Rs. 1,50,000/-.