JUHARMAL JHAMAKLAL Vs. MAHAVEER CLOTH AND GENERAL MERCHANT

JUDGEMENT

(1.) DEFENDANT has felt aggrieved and filed first appeal under section 96 of CP Code challenging the judgment and decree rendered on 14.2.1991, by learned Ilnd Additional District Judge, Ratlam, in Civil Suit No. 17 B/1986. Facts in brief are these.

(2.) ON the strength of five receipts executed by defendant in favour of plaintiff, a suit was brought for recovery of Rs.21,368.80 paise. These receipts are 12.12.1983, for Rs.5,000/ (Ex. P 4). 14.12.1983 for Rs.4,000/ (Ex. P 5), 22.12.1983 for Rs.1,500/ (Ex. P 6), 25.01.1984 for Rs.3,000/ (Ex. P 7) and 21.2.1984 for Rs.1,000/ (Ex. P 8); totalling Rs. 14,500/ . The suit was filed on the assertion that the plaintiff had advanced loan to defendant and in lieu thereof got these receipts executed to secure the loan. When demanded by plaintiff on 28.7.1986 (Ex. P 9), defendant refused to pay and hence the suit was filed on 29.9.1986 for recovery of Rs.21,368.80 paise as referred supra. In support, the plaintiff filed the aforementioned five receipts and his account books which had the entries of this payment. These entries were made in his regular books of account. An interest was claimed at the rate of Rs.1.35 upto the date of suit and thereafter in terms of section 34 till recovery.

(3.) HEARD Shri Manish Jain, learned counsel for the appellant and Shri N.S. Purohit, learned counsel for the respondent. The only argument that was raised in support of appeal by the learned counsel for the appellant was regarding imposition of interest and its rate. According to learned counsel, what was excessive was the award of interest at the rate of 6% from the date of filing of suit till realisation under section 34 ibid. Learned counsel for the respondent (plaintiff) supported the judgment/decree in its entirety.