(1.) CM No.118-C of 2010 For reasons mentioned in the application, which is accompanied by affidavit, delay of 54 days in filing the appeal is condoned. Main Appeal.
(2.) At the outset, it has to be mentioned that the instant second appeal has been preferred by Vikram Singh defendant against Nand Gopal plaintiff, as mentioned in the opening sheet of the appeal at page 5 of the paper book, but in memo of parties at page 9, Nand Gopal is mentioned as appellant whereas Vikram Singh is mentioned as respondent. Office to make necessary correction in the memo of parties by depicting Vikram Singh as appellant and Nand Gopal as respondent.
(3.) Nand Gopal filed suit for recovery of Rs.40000/- i.e Rs.30000/- as principal amount and Rs.10000/- as interest thereon alleging that the defendant borrowed Rs.30000/- from the plaintiff on 03.07.2004 and agreed to repay the same with interest thereon at the rate of 1.50% per month and executed necessary pro-note and receipt for the same, but the defendant failed to repay the aforesaid amount and interest.