RAM AVATAR AGRAWAL Vs. GANESH PRASAD SIMHANIYA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 17/ 03/1997 passed by the Additional District Judge, Janjgir, in Civil Suit No. 14-B/91 whereby the suit filed by the Appellant for recovery of Rs. 42,000/-(Rupees forty-two thousand only) has been dismissed.

(2.) FACTS material for disposal of this appeal in brief compass are that on 13/08/1988, both the Respondents jointly took a loan of Rs. 40,150/- (Rupees forty thousand one hundred and fifty only) from the Appellant. The amount was paid to them by cheque. Both the Respondents encashed the same. The amount was refundable within two years and interest @ 18% per annum was agreed to be paid on the loan amount. Respondents did not repay the principal amount and interest despite service of written registered notice, therefore, the Appellant relinquishing some part of his claim filed the suit for recovery of Rs. 42,000/-.

(3.) BOTH the parties adduced evidence in support of their respective cases. Learned Court below appreciating the evidence, was of the opinion that the loan was not disbursed in round figure. Neither query regarding partnership firm by the Appellant has been made nor regular account has been produced by him. By holding his witness Deepak Das as a charce witness, disbelieved the story of loan transaction and on the probability that some agreement on 1/8/1988 took place in between both the -parties and cheque issued in favour of the Appellant by PWD was acknowledged by Respondent No. 1, and relying on the oral evidence adduced by Respondents, dismissed the suit