RAMESH CHANDRA Vs. RAM BAI

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 24.09.2011 passed by learned Special Judge, Harda in C.A. No. 02-B/2011, whereby the appeal of applicant-defendant has been dismissed and the judgment and decree passed by learned Second Civil Judge Class II, Harda in C.S. No.1- B/2010 dated 16.09.2010 has been affirmed, this revision application has been filed by the defendant-applicant.

(2.) IN brief, the suit of plaintiff-respondent is that for personal expenditure, the defendant-applicant took a loan of Rs.20,000.00 from the plaintiff and an agreement in that regard was executed, which was notarized. According to the agreement, till December, 2005, the entire amount of loan of Rs.20,000.00 was to be paid by the defendant to the plaintiff but when he did not pay the loan amount, the present suit has been filed. The plaintiff in his plaint has prayed that by decreeing her suit a sum of Rs.20,000.00 alongwith interest at the rate of 24% per annum be paid from the date of filing of the suit till its realization.

(3.) BY hammering the judgments of learned two courts below, the learned counsel for the applicant Shri Rajesh Dubey submits that evidence of material witness Nand Kishore (D.W.-2) has not been taken into consideration and therefore, the impugned judgments are bad in law. Learned counsel further submits that there are material contradictions in the testimony of the plaintiff and his witnesses and therefore, the learned trial Court as well as the appellate Court erred in law in decreeing the suit. Learned counsel by putting emphasis on the statement of Nand Kishore (D.W.-2) has submitted that this witness has not stated that any transaction of loan took place between the parties and therefore the basic document (Ex. P-1) is not proved. Hence, it has been prayed that by allowing this revision, the judgment and decree passed by learned two courts below be set aside and the suit of the plaintiff be dismissed.