AUGUSTI Vs. JOSEPH

JUDGEMENT

(1.) A suit for money on the basis of an oral loan has been dismissed by the court below. This revision is against the said decree dismissing the suit. The learned Munsiff has also ordered the plaintiff to pay compensatory costs under S.35A of the Civil Procedure Code to the defendant.

(2.) The plaintiff and the defendant are cousins. The plaintiff's case is that on 25-2-1979, the defendant had received a sum of Rs. 3,000/- from the plaintiff and had undertaken to repay the money immediately and despite several demands the same had not been repaid.

(3.) The defendant in his written statement had denied the alleged transaction. The further averments of the defendant show that he had entered into an agreement with another person for the sale of his properties on 3-6-1978 and thereafter the sale deed had been executed and registered and he had left the locality for good. According to him, he had no need to take a loan from the plaintiff. In the written statement, he has said that the cause of action and the statement regarding court fee set out in the plaint are false. Then he claims compensatory costs.