ASHOK MOHANLAL PODDAR Vs. PAWAN RATNANLAL CHAMELIA

JUDGEMENT

(1.) This appeal filed under Sec. 100 of the Code of Civil Procedure, 1976 is by the original defendant who is aggrieved by the judgment of the appellate Court dated 20th Jan., 2003 whereby the suit for recovery of money filed by the respondent has been decreed.

(2.) Brief facts necessary for adjudicating the Second Appeal are that it is the case of the respondent that he was acquainted with the appellant as they were residing in the same locality. As the appellant intended to open a new shop, he was in need of money. On the request made by the appellant, the respondent had given him an amount of Rs.30,000.00. A document dated 21st July, 1998 came to be duly executed and it was agreed that said amount would be repaid by 30th Jan., 1999. As the aforesaid amount was not paid, the respondent filed suit for recovery of Rs.35,400-00.

(3.) In the Written Statement, the appellant took the stand that though respondent was doing business, behind his shop, there was a gambling den. The respondent used to accommodate any person who lost money in gambling. As the appellant had lost Rs.3,000.00 in gambling, the respondent had taken his signature on a blank stamp paper which was being used to the prejudice of the appellant. It was, therefore, denied that any amount was due and payable to the respondent.