NONGMAITHEM SARAT SINGH Vs. MAIREMBAM HEROJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 26. 2. 03 in Original Money Suit No. 40 of 1997/23/2000 passed by the Civil Judge Sr. Division -II, Manipur East.

(2.) HEARD Mr. C. Komol, learned counsel for the defendant No. 1/ appellant (herein after appellant) as well as Mr. N. Kerani Singh, learned senior counsel assisted by Shri N. Umakanta, learned counsel appearing on behalf of the plaintiff/respondents (herein after plaintiff ).

(3.) THE facts narrated in the plaint of the original suit which led to the filing of this appeal may be summarized in brief as follows: the appellant, being well acquainted with the plaintiff, approached him for a loan of Rs. 1 lakh to meet some urgent need in his business. The appellant also promised the plaintiff to repay the loan with interest on demand. On such assurance given and promise made by the appellant, the plaintiff agreed to lend sum of Rs. 1 lakh to the appellant. On 1. 5. 95 the plaintiff paid a sum of Rs. 1 lakh to the appellant after due execution of a Promissory Note by the appellant.