MANGALIYA Vs. PURAN SINGH

JUDGEMENT

(1.) This appeal is pending since 2000 and had been listed for final hearing on 12.12.2006 on which date, it was adjourned as none appeared for the respondent. This Court had directed for listing of the case again after indicating name of the Counsel appearing for the respondent in the cause list. Even though, the case is listed today and name of the Counsel appearing for the respondent is indicated in the cause list none has appeared for the respondent, when the case is taken for hearing in the third round at 3 p.m. as none is appearing for the respondent. Arguments on behalf of appellant are heard and the appeal is being decided by this judgment.

(2.) This is defendant's appeal under section 96 of the Code of Civil Procedure assailing the judgment and decree passed by First Additional Sessions Judge, Morena, in Civil Suit No. 12-B/96. By the judgment and decree impugned in this appeal, dated 6.4.2000, appellant herein has been directed to pay a sum of Rs. 84,000.00 to the respondent-plaintiff.

(3.) Facts in brief, necessary for deciding this appeal are that, respondent-plaintiff Puran Singh. filed the suit in question, inter alia contending that a sum of Rs. 50,000.00 was given by him to the appellant Mangaliya on 5.8.1992 at a rate of Rs. 2.00 per hundred per month as interest. The aforesaid amount was given to the defendant Mangaliya and a pronote Ex. P/1 was executed infront of one Kailash Kulsrestha and Ramveer Singh. It is stated that plaintiff and defendant are agriculturists staying in the same village, they know each other, loan was given because of this acquaintance. Inter alia contending that after taking the amount of Rs. 50.000.00 neither Interest nor the principal amount is being paid and in spite of demanded notice amount Is not re-paid, suit in question was filed claiming payment of Rs. 50.000.00 alongwith interest amounting to Rs. 34,000.00.