PATEL DARGHABHAI MEGHRAJBHAI Vs. KOLI VAGHABHAI VARSANGBHAI

JUDGEMENT

(1.) The appellant is the original defendant whereas the respondent is the original plaintiff. The plaintiff filed Regular Civil Suit No.17 of 2019 against the defendant before the Civil Court. As per the case of the plaintiff, the plaintiff and the defendant are family relation and before the suit transaction, the defendant had borrowed money as a loan from the plaintiff for 3 to 4 times and that time, the defendant had repaid such loan amount.

(2.) It is the case of the plaintiff that on 10/1/2008 the defendant requested to the plaintiff to have Rs.1,80,000.00.00 as a loan and therefore, plaintiff advanced such amount and for that the defendant has drawn promissory note in favour of the plaintiff.

(3.) It is also the case of the plaintiff that when the time had ripen for the amount, the plaintiff demanded such amount and at that time the defendant had made promise but since the defendant had not paid the amount and therefore on 23/5/2008, the plaintiff served legal notice through lawyer for demanding the amount for which promissory note is drawn and upon receiving vague reply on 3/6/2018, the plaintiff filed the Civil Suit to the effect that the defendant shall be directed to repay Rs.1,80,000.00.00 with interest to the plaintiff.