OM PRAKASH Vs. PREM JEWELLERS

JUDGEMENT

(1.) THIS second appeal has impugned the judgment and decree dated 10.04.2001 which had endorsed the finding of the Trial Judge dated 08.08.2000 thereby dismissing the suit of the plaintiff, Sh. Om Prakash.

(2.) PLAINTIFF had filed a suit for recovery of Rs. 38,4000/ - against three defendants of which Rs. 20,000/ - had been claimed as the principal amount. Rs. 14,400/ - was the interest which was proved from 20.04.1993 to 19.04.1996 @ 24 % per annum; Rs. 4000/ - had been claimed as notice charges. The case of the plaintiff was that he had advanced a loan of Rs. 20,000/ - to defendant No. 1 through defendant No. 2 and on the asking of defendant No. 3 vide cheque No. 202196 dated 20.04.1993 which was repayable with interest @ 24% per annum. Defendants utilized the amount for their business. The defendants failed to pay back the loan to the plaintiff. Hence, the present suit was filed.

(3.) THE Trial Judge had framed five issue which inter alia reads as follows: