POORAN CHANDRA LOHANI Vs. KAILASH CHANDRA CHILKOTI

JUDGEMENT

(1.) This appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 16-9-1985, whereby the first appellate Court (District Judge, Pithoragarh), dismissed the Civil Appeal No. 4 of 1984, affirming the judgment and decree dated 19-10-1984, passed by the trial Court (Civil Judge, Almora, Camp Pithoragarh), in Suit No. 3 of 1983.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Brief facts giving rise to this appeal are that plaintiff/respondent Kailash Chandra Chilkoti instituted suit No. 3 of 1983, before the trial Court with the pleading that the defendant (present appellant) took loan of Rs. 13,000/- from the plaintiff on 10-6-1980, and executed a pronote. It is further pleaded that 14% interest per annum was agreed to be paid by the defendant to the plaintiff. It is alleged in the plaint that the defendant failed to repay the loan. It is further alleged that neither the amount of loan nor any amount towards interest was paid. Therefore, the suit for recovery of money instituted.