SAGASKUMAR MOHANLAL PANDE Vs. MADHUKAR TRIMBAK PATIL

JUDGEMENT

(1.) This appeal is by original plaintiff, who filed Regular Civil Suit No.39 of 1981 for recovery of outstanding hand loan of Rs.8,000/- against defendant. The aforesaid suit of the appellant came to be decreed by judgment and decree dated 16th June, 1983 passed by 2nd Joint Civil Judge Junior Division, Dhule, directing the defendant-respondent to pay Rs.7,900/- together with future interest at 6% per annum, from the date of filing of the suit till realization.

(2.) In first appeal being Regular Civil Appeal No.341 of 1983, at the behest of defendant no.1, learned District Judge, Dhule, reversed the finding and dismissed the suit vide judgment and decree dated 16 th April, 1987. As such, this second appeal by the original plaintiff.

(3.) It is the case of the present appellant-plaintiff that defendant no.1 Ramdas and defendant no.2 Dr. Madhukar were in close terms with the plaintiff and his father and as such had obtained hand loan of Rs.8,000/- for purchase of house by defendant no.1. Defendant no.2 put his signature on the document of hand loan on 25 th April, 1978 as against acknowledgment executed by defendant no.1 on 20 th January, 1978.