(1.) THIS appeal, preferred under Sec tion 100 of the Code of Civil Proce dure, 1908, is directed against the judg ment 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 con firmed.
(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 Of ficer and defendant's father was his col league. On 10-09-1995, defendant took a loan of Rs. 50, 000/- from the plain tiff through Cheque No. 27307 dated 10-09-1995 and executed a pronote and a receipt. According to the plain tiff, 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 repay ment by sending a notice, the defend ant failed to repay the loan. As such, the plaintiff instituted a suit for recov ery of money with interest.
(3.) AFTER recording the evidence and hearing the parties, learned trial court decreed the suit with the costs for Rs. 78, 5007- with 18% compound interest per annum there-on with quarterly rests for the period of pendency of suit till the payment is made. Aggrieved by said judgment and decree dated 20- 07-2000, a civil appeal No. 1 of 2001, was filed by the defendant, which was also dismissed on 20-02- 2003. Hence this Second Appeal by the defendant.