GURCHARAN SINGH Vs. IQBAL SINGH

JUDGEMENT

(1.) After hearing learned counsel for the appellant, delay of 23 days in filing this appeal is condoned. Application is disposed of.

(2.) Civil Misc. applications are allowed subject to just exceptions. RSA No.3067 of 2009 & CM No.9221-C of 2009 (O&M) This is defendant's second appeal challenging the judgment and decrees of the courts below whereby suit for recovery filed by the plaintiff- respondent has been decreed with costs.

(3.) Briefly stated, the plaintiff-respondent filed a suit for recovery on the basis of pronote and receipt dated 7.4.2004 alleging that the appellant borrowed a cash sum of Rs.2,50,000/- from him on 7.4.2004 and agreed to repay the same along with interest @ 2% per month. After receiving the aforesaid amount, the appellant executed a pronote and receipt in favour of the plaintiff-respondent in the presence of attesting witnesses. It was alleged that the defendant-appellant failed to repay any amount to the plaintiff-respondent, hence suit for recovery of Rs.3,40,000/- (i.e., Rs.2,50,000/- on account of principal and Rs.90,000/- towards interest thereon) was filed.