SUSHMA SINGH Vs. RAM BHAJAN PAL

JUDGEMENT

(1.) Present appeal lays a challenge to the impugned judgment and decree dtd. 23/11/2020, whereby the learned Trial Court has partially allowed the claim of the Appellant in the sum of Rs.1,80,000.00 along with interest @ 5% per annum in Civil Suit No. DJ/551/2019, under Order XXXVII CPC titled as 'Smt. Sushma Singh v. Sh. Ram Bhajan Pal'. Appellant before this Court was the Plaintiff before the Trial Court and Respondent was the Defendant and parties are hereinafter referred to by their litigating status before this Court.

(2.) At the outset, it needs to be noted that Respondent refused to accept the summons issued by the Trial Court and did not enter appearance. In the present appeal also Respondent did not appear, despite service and on 13/12/2022 Court proceeded to hear arguments in the absence of the Respondent.

(3.) The facts, which are in a narrow compass and as pleaded by the Appellant are that Appellant and Respondent were employed in the Central Vehicle Depot and were known to each other since 1993. In 1996, Respondent invited the Appellant to be a part of certain committees for making investments. It is the case of the Appellant that till 2012, Respondent was regularly paying back the money invested along with profits earned thereon. In the meantime, from 2007 Respondent starting taking loans from the Appellant, which also he was repaying till 2012, however, from the beginning of 2013, there were repeated defaults in repayment of the amounts due. As on 1/1/2013, liability of the Respondent towards the Appellant was Rs.1,00,000.00, which increased to Rs.1,10,000.00 on 1/4/2013. Respondent returned Rs.10,000.00 on 1/4/2013 but took a further loan of Rs.50,000.00 on the same day. Subsequently, Respondent borrowed Rs.20,000.00, Rs.1,00,000.00 and Rs.60,000.00 on 1/11/2013, 1/6/2014 and 1/8/2014, respectively. As per the Appellant, Respondent had acknowledged on 1/2/2015, in writing, that he owed Rs.3,30,000.00 to the Appellant and therefore, as on 8/12/2015, the amount due and payable to the Appellant was Rs.4,15,000.00, which included the interest component. Appellant lent a further sum of Rs.85,000.00 on 1/11/2015 and Rs.95,000.00 on 1/4/2018 to the Respondent. Appellant pleads that Respondent again acknowledged on 1/7/2018, in writing, that he owed a total sum of Rs.7,00,000.00 to the Appellant.