K C PRADHAN Vs. ARUN KUMAR DUTTA

JUDGEMENT

(1.) THE plaintiff is the appellant. He has challenged the order and decree dated 11-8-1983 and 28-8-1983 passed by the learned Subordinate Judge, jeypore in Money Suit No. 116 of 1982 wherein the learned trial Court has partly decreed the suit in favour of the plaintiff without granting any interest on the principal amount. Hence, the present appeal is confined to the payment of interest part only.

(2.) THOUGH notice of this appeal was issued to and personally served on the respondent, there is no appearance on behalf of the respondent.

(3.) BEFORE dealing with the question raised, the facts involved in the present case leading to filing of the appeal are narrated. The appellant-plaintiff out of friendly relationship had given Rs. 12,000/- to the defendant on 25-4-1979 and on demand the defendant, vide two letters, Ext. 1 dated 4-6-1980 and Ext. 2 dated 28-3-1980, agreed to pay the said amount. The defendant has also issued two cheques dated 8-10-1980 and 10-1-1982 to the plaintiff. Both the cheques bounced as defendant had no money in his bank account. Thereafter, the plaintiff issued the demand notice, Ext. 5. As the defendant did not pay the amount as per the demand notice, the plaintiff was compelled to file the suit for recovery of the said amount with pendente lite and future interest.