KRISHANPAL SINGH Vs. ROOP SINGH

JUDGEMENT

(1.) DEFICIENCY in Court is said to have been made good. The application stands disposed of accordingly. Main Appeal Defendant-Krishanpal Singh, having failed in both the Courts below, has filed the instant second appeal Respondent-plaintiff-Roop Singh filed suit against defendant-appellant for recovery of Rs.44,500/-alleging that the defendant on 20.06.2004 borrowed Rs.40000/- from the plaintiff and agreed to repay the same with interest at the rate of 1.25% per month i.e 15% per annum and executed pronote-cum-receipt for the same, but the defendant failed to repay the same. Plaintiff claimed Rs.40000/- as principal amount and Rs.4500/- as interest which comes at the rate of 9% per annum only.

(2.) THE defendant broadly denied the plaint allegations and raised certain preliminary objections.

(3.) I have heard learned counsel for the appellant and perused the case file.