BODHNIBAI Vs. JASRAJ BASTIMAL

JUDGEMENT

(1.) THIS is defendants second appeal under section 100 of the Code of Civil Procedure.

(2.) PLAINTIFF filed the suit for realisation of principal amount of Rs. 12,400/ - along with interest and cost of notice amounting to Rs. 17,500/ -. Civil Judge Class I, Rajnandgaon by judgment and decree dated 17.9.1980 passed in Civil Suit No. 7 -B/79 dismissed the suit. Plaintiff aggrieved by the same, preferred appeal and the District Judge, Rajnandgaon by judgment and decree dated 12.10.1988 passed in Civil Appeal No. 11 -B/80 allowed the appeal and decreed the plaintiff's suit only in relation to the principal amount, i.e., Rs. 12,400/ -. Defendants being aggrieved by the same have preferred this appeal. By order dated 31.7.1989, appeal has been admitted on the following substantial question of law :

(3.) ACCORDING to the plaintiff on 20.4.1977 deceased Ratanlal received a sum of Rs. 12,400/ - for carrying on agricultural operation and for the need of the family. Plaintiffs case further is that deceased Ratanlal agreed for payment of interest at the rate of Rs. 2/ - per cent per annum on the principal amount and in acknowledgment of the same executed promissory note (Ex. P -2). It is the assertion of the plaintiff that inspite of demand of notice, amount was not paid and accordingly the suit was filed.