HEM CHANDRA CHAUDHURY Vs. HAHI RAM BORA

JUDGEMENT

(1.) THIS second appeal has arisen out of the judgment and decree, dated 17. 04. 2001, passed, in Money Appeal No. 6/1998, by the learned Civil Judge, (Senior Division) No. 2, Kamrup, Guwahati, dismissing the appeal and upholding the judgment and decree, dated 25. 9. 1998, passed, in Money Suit No. 48/1994, whereby the suit of the respondent herein was decreed.

(2.) I have heard Mr. B. Kalita, learned Senior Counsel, appearing on behalf of the defendant-appellant, and Mr. G. P. Bhowmik, learned counsel for the plaintiff-respondent.

(3.) THE case of the plaintiff is, in brief, thus: The plaintiff and the defendant are both workers in the office of M/s. Assam Agro Industries Development Corporation Ltd. and both were on friendly terms. As the defendant was badly in need of money, he requested the plaintiff to lend him some money. The plaintiff agreed to lend money to the defendant and, on 24. 5. 1991, the plaintiff lent to the defendant a sum of Rs. 12,000/- on condition that the defendant shall repay on demand to be raised by the plaintiff the loan with interest. The defendant also executed, on the same day, i. e. 24. 5. 1991, a pronote in favour of the plaintiff promising to repay on demand the said sum of Rs. 12,000/-, with interest. The defendant did not, however, repay the loan and started avoiding the plaintiff. As repeated demands for repayment of loan raised by the plaintiff did not yield any favourable result, the plaintiff issued a notice, through his counsel, to the defendant demanding repayment of the loan amount with interest. As the defendant did not make payment, the plaintiff instituted a suit for realization of the entire amount of loan with interest.