DEEPAK GUPTA Vs. BAJAJ TRADERS

JUDGEMENT

(1.) This appeal, by plaintiff, is directed against the judgment and decree dated 22/12/06 passed in Civil Appeal No. 2B/2006 confirming the judgment and decree dated 24/12/05 passed by the trial Court in Civil Suit No. 6B/2005 whereby plaintiff's suit for recovery under Section 37 Rule 1 and 2, CPC has been dismissed.

(2.) Plaintiff filed a suit inter alia contending that original defendant no.2 Damodar Prasad and respondent no.8 Rajendra Prasad were the members of joint hindu family doing business of respondent no.1 - M/s Bajaj Traders. Plaintiff -appellant had good relations with them. Through one Dalal appellant had advanced a loan of Rs.25,000/ - to respondents -defendants for 1% monthly interest, as requested by the defendants for business purposes. The said transaction was reduced in writing as Ex.P/2 dated 13/10/99 whereunder the loan was promised to be paid back by respondents on demand by the appellant. As the loan amount was not paid by the respondents despite demand, on 6/7/2000 demand was raised through legal notice. The respondents still did not return the same and, therefore, the suit was filed for recovery of Rs.25,000/ - as principal amount and Rs.8940/ - as interest.

(3.) Defendant no.2 Damodar and respondent no.8 Rajendra Prasad filed separate written statements and denied plaint allegations. It was denied that defendants are members of joint Hindu Family. It was submitted that partition had taken place amongst them 13 years ago and they are doing their separate businesses and living separately. It was denied that any loan was advanced by plaintiff -appellant to defendants. It was also denied that any document, much less Ex.P/2 was executed in respect of said loan transaction. It was submitted that Ex.P/2 is forged and fabricated and, as such, the suit was sought to be dismissed as based on concocted facts having no factual basis.