RAKESH MOHAN PUROHIT Vs. LAXMAN SINGH RAWAT

JUDGEMENT

(1.) THIS appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the Judgment and decree dated 20.02.2003, passed in Civil Appeal No. 1 of 2001, whereby judgment and decree dated 20.07.2000 passed by Trial Court, in Civil Suit No. 111 of 1998 was confirmed.

(2.) BRIEF facts of the case are that a suit was filed by plaintiff/respondent for recovery of Rs. 78,500 from the defendant/appellant. As per the plaint case, the plaintiff is a retired Range Officer and defendant's father was his colleague. On 10.09.1995, defendant took a loan of Rs. 50,000 from the plaintiff through Cheque No. 27307 dated 10.9.1995 and executed a pronote and a receipt. According to the plaintiff, the defendant purchased a vehicle by a loan taken from a bank and for repayment of said loan to the bank, the aforesaid amount was taken from the plaintiff. However, when on 29.01.1998, the plaintiff demanded repayment by sending a notice, the defendant failed to repay the loan. As such, the plaintiff instituted a suit for recovery of money with interest.

(3.) ON the basis of the pleadings, the Trial Court framed following three issues: