PRAHLAD SWAROOP AGGARWAL Vs. BALDEV SINGH

JUDGEMENT

(1.) This petition has challenged the order dated 10.02.2004 vide which the review petition filed by the petitioner/plaintiff seeking a review of the order and judgment dated 16.12.2003 had been dismissed. Record shows that the present petitioner had filed a suit for recovery of Rs. 6,000/- against the defendant. Contention was that he had extended a friendly loan of Rs. 1,000/- which was on 26.10.1988; Rs. 2,000/- was advanced on 31.10.1988 at the interest rate of 3% per month. The defendant executed a loan receipt of 31.10.1988 and pronote on the receipt of 26.10.1988; inspite of repeated demands, amounts were not paid; suit was accordingly filed. This was a suit under Order XXXVII of the Code of Civil Procedure (hereinafter referred to as the 'Code').

(2.) The defendant had put in his appearance but leave to defend was not filed within the stipulated period.

(3.) The petitioner in order to prove his case has relied upon the aforenoted two documents i.e. receipt dated 26.10.1988 and the loan receipt dated 31.10.1988. The first document is a promissory note of Rs. 1,000/- with interest at 3% per month; the second document is a receipt sent by the defendant which states that he has taken Rs. 2,000/- from Prahlad Swaroop in cash at the rate of 3% interest per month