KACHRULAL Vs. MANGILAL

JUDGEMENT

(1.) Defendant is in first appeal under Sec. 96 of C.P. Code against the impugned judgment/decree dated 31.10.1990 passed in C.S. No. 19-B/87 by First Additional District Judge, Neemuch. Facts in brief to appreciate the issue urged need mention.

(2.) Appellant is the defendant whereas respondent is the plaintiff.

(3.) Respondent brought a suit against the appellant for the recovery of Rs. 28,800.00 on the strength of 2 promissory notes - one dated 23.12.1984 Ex. P-1 for Rs. 8,000.00 and other date 2.1.1985 Ex. P-2 for Rs. 8,900.00. In short the case of the respondent was that appellant took loan from the respondent and agreed to repay at the rate of Rs. 2% interest monthly to the respondent. Since on demand made by the respondent (plaintiff) the defendant did not pay and hence legal notice was served on the appellant by the respondent on 6.4.1987 and the same was followed by suit out of which this appeal arises.