SAYEED MOHD. AND ORS. Vs. HUKUMCHAND

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 21.8.1996 in Civil Suit No. 4-B/88 by First Additional District Judge, Raisen Camp, Begamganj, decreeing the suit of the respondent/plaintiff for recovery of amount of loan.

(2.) The plaintiff/respondent filed a suit for recovery of Rs. 24,000.00 advanced by him on 10.4.1980 to the appellants/defendants. The averments in the plaint were that the defendants carry on business of grains and transport in the name and style of Yaseen Mohammad Munir Mohammad. They used to take loan from the plaintiff from time-to-time in connection with their business. The defendants had taken a loan of Rs. 24,000.00 on 10.4.1980 from the plaintiff and had executed a document stipulating to repay the above amount by 10.4.1981. The defendants/appellants how ever did not repay the amount of loan as per stipulation. Therefore, suit for recovery thereof was failed.

(3.) The defendants/appellants resisted the suit. They denied that they obtained loan from the plaintiff/respondent on 10.4.1980 as was alleged by him, on having executed any document in regard to the alleged loan. Objection was also raised on behalf of the defendants that the suit was barred by time.