VINOD KUMAR VERMA Vs. DINESH KUMAR VERMA

JUDGEMENT

(1.) THIS is an appeal under Clause 10 of Letters Patent, against the judgment and decree dated 1.11:88, in First Appeal No. 37 of 1982, passed by a learned single Judge of this Court, arising out of judgment and decree dated 10.12.81, passed by Shri V.D. Bajpai, District Judge Seoni.

(2.) THE learned Trial Judge had decreed the claim of respondent no. 3/plaintif to the extent of Rs. 1,13,137.00 (Rs. One Lakh thirteen thousand one hundred and thirty seven only) against the appellant and other respondents including one Bhawani Shankar Verma whose name was deleted by order dated 13.8.84 pass by this Court. On this sum the Trial Court had granted future interest at the rate of 3% per annum till realisation.

(3.) A few facts would be necessary to appreciate the points raised by (he counsel for the appellant in this appeal. Initially the respondent No. 3 advanced a loan of Rs. 1,14,000/ - to the appellant for purchasing a truck. The appellant repaid Rs. 39,400/ - Only. The total payment of aforesaid amount included repayment of amount due in respect of another soft loan of Rs. 14, 300/ -. However, the respondent No. 3 filed Civil Suit on the basis of the original loan due on the date of suit amounting to Rs. 74,295/ - to which the Bank added of Rs. 48,455,75/ - by way of interest Rs. 4,556.00 by way of insurance charges. Rs. 130.00 as other expenses Rs. 10, 820/ - towards Court fee and Rs. 1,100/ - towards counsel's fee. Thus a claim of Rs, 1,43,537 was made against the appellant jointly and severally with other defendants. The trial Court decreed the claim to the extent of Rs. 1.13.137.00 plus interest at the rate of 3% per annum from the date of decree till realisation. Here it may be mentioned for clarifying the legal position that in the plaint the amount of Rs. 1,43,537/ - was claimed as a lump sum and the break up given up is on the basis of evidence on record. No interest prior to filing of suit was claimed.