HIRALAL SEAL Vs. SANKAR LAL SHARMA

JUDGEMENT

(1.) The present appeal arises out of a suit to recover a specified amount, namely Rs. 6,180, with interest on the allegation that the said sum was lent and advanced by the Plaintiff to the Defendant. The Defendant is the Appellant before us as the suit was decreed in full by the Trial Court.

(2.) The Plaintiff's case is that on May 26, 1958, the Defendant borrowed a sum of Rs. 13,000 from the Plaintiff on the terms that the Defendant would "repay the aforesaid sum of Rs. 500 or over annually" and would pay interest at Rs. 130 per month at the rate of 12 % per annum, that the Defendant accepted and acknowledged the aforesaid sum of Rs. 13,000 on the terms aforesaid and "granted a receipt and/or executed bond acknowledging the loan and the terms", and that the Defendant failed and neglected to pay in spite of repeated requests and demands the amount claimed which became due on the Defendant's failure to pay the annual installments towards the principal sum and the monthly interest.

(3.) The suit was instituted in the City Civil Court on the allegation that the loan was not a commercial loan. Paragraph 7 of the plaint dealing with the question of jurisdiction runs thus: