DEEPA JAIN Vs. RAMA KANT

JUDGEMENT

(1.) MS. Deepa Jain, appellant suffered a dismissal of her suit which sought a decree for recovery of Rs. 24,000/- being a stated loan advanced by her and pre-suit interest calculated on the loan amount @ 3% per annum totaling rs. 19,164. 27. She also claimed Rs. 1,320/- towards lawyer"s fee through whom she had caused to be issued a legal notice upon the defendants before she filed the suit.

(2.) IN her suit, Ms. Deepa Jain pleaded that at the asking of Mr. Rama Kant bhagaria, defendant No. 2, she advanced a loan of Rs. 24,000/- in the name of M/s. Cine Laboratories and Studio Limited with an assurance from defendant No. 2 that he would repay the loan with interest @ 3% per month. She claimed that interest for the month of November and December, 1985 as also the month of January, 1986 totaling Rs. 2,160/- was received by her and that she further received Rs. 5,000/-towards part payment of interest, suit was filed seeking a decree as aforenoted.

(3.) DEFENCE taken by Mr. Rama Kant Bhagaria was of a denial of having received the loan as per para 5 of the written statement. But, surprisingly, in para 8 of the written statement after accepting the receipt of the loan he pleaded as under: -"8. Para No. 8 is wrong and denied. No amount is due to the plaintiff from the defendant No. 1 and 2. The plaintiff was liable to pay to the defendant No. 2 a sum of Rs. 9,500/- as on 31. 3. 1986 as per her written certificate to this effect (Annexure " A ). The plaintiff was also liable to pay rs. 8,000/- to Smt. Minaxi Bhageria (daughter-in-law of defendant No. 2 and member of defendant No. 1) as on 31. 3. 1986 as per plaintiff"s written confirmation (Annexure " B ). Both these amounts of Rs. 9,500 plus Rs. 8,000/- have been adjusted by the plaintiff towards the discharge of the alleged liability of rs. 24,000/- of defendant No. 1 and 2. Also defendant No. 2 have paid Rs. 2,160/-vide cheque No. 55391 and Rs. 5,000/- vide cheque No. 065223 on Allahabad Bank, timarpur, Delhi. Thus total amount received and adjusted by the plaintiff from the defendants No. 1 and2 comes to Rs. 24,660/- (the excess amount of Rs. 660/-have been adjusted by defendant No. 2 and the parents of the plaintiff ). It is further denied that any amount is due to the plaintiff from the defendants No. 1 and 2 towards any notice charges. "