SUBHASH CHANDER GAGNEJA Vs. KRISHNA KANTA

JUDGEMENT

(1.) This is application for impleading legal representatives of original Plaintiff Kharait Lal, who died after decision by the lower appellate court and before filing of the instant second appeal. It is alleged that the deceased-Plaintiff has left behind five persons, as mentioned in paragraph 2 of the application, as his only legal heirs. The application is accompanied by affidavit and is not opposed by the proposed legal representatives, who have already put in appearance through counsel. Accordingly, the application is allowed, subject to all just exceptions and persons mentioned in paragraph 2 of the application are ordered to be impleaded as legal representatives of Plaintiff Kharait Lal (since deceased) for the purpose of this appeal.

(2.) Suit was filed by Kharait Lal - Plaintiff (since deceased and represented by Respondents as his legal representatives) alleging that the Defendant took loan of Rs. 4,00,000/- vide cheque dated 10.08.2000 and agreed to repay the same with interest @ 2% per month, but did not repay the loan or interest in spite of requests including written notice. Accordingly, the Plaintiff filed suit for Rs. 4,00,000/- as principal amount and Rs. 2,72,000/- as interest at the aforesaid rate, thereby seeking recovery of Rs. 6,72,000/-.

(3.) Stand of the Defendant is of total denial.