RAVINDRA KUMAR Vs. TARACHAND

JUDGEMENT

(1.) THIS judgment shall govern the disposal of the aforesaid appeals filed by the respective parties against the judgment and the decree dated 19th November, 1993 passed by ADJ, Sendhwa in Civil Suit No. 37b/'92.

(2.) APPELLANT/defendants Ravindra Kumar and others have filed Civil Appeal No. 55/94 being aggrieved by the aforesaid judgment and the decree passed by the Trial Court thereby passing a decree for the payment of Rs. 25,0007- together with the cost of the suit in favour of plaintiff respondent Tarachand and against the appellants. Plaintiff-appellant Tarachand by filing Civil F. A. No. 91/94, has challenged the impugned decree for not awarding the interest from the date of the suit realisation of the decretal amount.

(3.) BRIEFLY stated the facts of the case are that plaintiff Tarachand has filed a suit against defendants Ravindra Kumar and Ushabai for the recovery of Rs. 25,000/- along with the future interest @ Re. 1-50 ps. per month from the date of filing of the suit till realisation of the amount against the defendant on the basis of the promissory note dated 1. 11. 990 executed by the defendants in favour of the plaintiff. The plaintiff's suit was resisted by the defendants on the ground that the signatures of the defendant were obtained on the suit promissory note by way of security for the amount advanced by the plaintiff Tarachand to one Yuvaraj for purchasing a motor cycle. The contention of the defendants is that they have not received any consideration in connection with the alleged promissory note. The learned Trial Court framed the issues and on evaluating the evidence adduced on behalf of the parties, decreed the plaintiff's suit only for Rs. 25,000/- and cost and disallowed claim for future interest from the date of the suit till the realisation of the aforesaid amount. Being aggrieved by the aforesaid judgment and the decree of the Trial Court, the defendants as also the plaintiff have filed two separate appeals as indicated above.