VINOD KUMAR MEHTA Vs. BHAGWAN DASS AND ANOTHER

JUDGEMENT

(1.) This appeal has been instituted by the appellant-defendant against the judgment and decree dated 09.08.2012 passed by the Court of learned Civil Judge (Senior Division), Narnaul vide which the suit for the recovery of Rs. 25,560/- was decreed with costs and judgment and decree dated 22.05.2013 passed by the Court of learned District Judge, Narnaul vide which the appeal preferred against the aforesaid judgment and decree of the trial Court was dismissed with costs.

(2.) The case of the respondent No.1 herein (plaintiff) in nut-shell was that the appellant/defendant had borrowed from the plaintiff-firm a sum of Rs. 25,000/- on 20.03.2006 vide cheque No.177256 of the same date relating to Oriental Bank of Commerce, Narnaul. This cheque was got encashed by defendant No.1. Rate of interest as settled was 75/- paise per month. Defendant paid a sum of Rs. 560/-, Rs. 560/-, Rs. 560/- on dated 10.10.2006, 28.12.2006, 31.03.2007 respectively and another interest amount of Rs. 560/- for the quarter from 01.04.2007 to 30.06.2007. Except aforesaid amount, he did not make any payment to the plaintiff and as such, a sum of Rs. 25,560/- including the principal amount was due against him. Ram Gopal, proprietor of the firm died on 09.05.2007 who executed a registered WILL dated 19.10.2005 during his lifetime and all the money transaction was given to Smt. Vidya Devi wife of Sh.Vishnu Kumar. Now she is sole proprietor of the plaintiff-firm. Despite the demand of the plaintiff, defendant did not pay any amount to the plaintiff and hence was the instant suit for the recovery of Rs. 25,560/-.

(3.) On notice, defendants filed the written statement jointly wherein they took preliminary objections that this suit is barred by limitation; that plaintiff has no cause of action as well as locus standi to file this suit; that the suit is false and frivolous and that there is concealment of facts.