SHIVRAJ SINGH CHAUHAN Vs. RAJENDRA KUMAR GUPTA

JUDGEMENT

(1.) At the joint request of parties, matter is heard finally. This appeal has already been admitted vide order dated 21/04/2015 on following substantial question of law:-

(2.) This appeal under Sec. 100 Civil Procedure Code has been preferred at the instance of the defendant. The appellant/defendant has challenged the judgment and decree dated 21/12/2009 passed by IV Additional District Judge, Morena in Civil Appeal No.1-B/2005, whereby judgment and decree dated 05/08/2005 passed by First Civil Judge, Class-I Morena in Civil Suit No. 11-B/2005 has been reversed and findings has been given in favour of the appellant/defendant.

(3.) Facts of the case in brief are that the respondent/plaintiff has filed a suit for recovery of Rs.40,000.00 from the appellant/defendant as according to him, the said amount has been given by the plaintiff as loan to the defendant. Defendant refused to repay the loan amount and therefore, the suit has been filed. Defendant remained ex-parte before the trial Court but still plaintiff could not prove his case and the suit was dismissed. Being aggrieved by the judgment of the trial Court, the respondent/plaintiff preferred First Appeal under Sec. 96 Civil Procedure Code before the First Appellate Court. Plaintiff stood successful in first Appellate Court.