GULZAR SINGH Vs. RAMESH KUMAR

JUDGEMENT

(1.) FOR the reasons recorded in the application, delay of 42 days in refiling the appeal, is condoned. CM stands disposed of. This is defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit for recovery of Rs.2 lacs along with interest at the rate of 12% per annum from the date of execution of pronote till filing of the suit and at the same rate till decision of the suit by the trial Court and at the rate of 6% per annum till its realization, has been decreed.

(2.) AS per averments made in the plaint, the defendant took a loan of Rs. 2 lacs from the plaintiff and on 25.04.2002 executed a pronote and receipt in favour of the plaintiff by putting his thumb impression on it in the presence of marginal witnesses who attested the receipt and rate of interest was fixed at the rate of 1.5% per month. It is further stated that the defendant has not paid anything in spite of repeated requests. Hence the present suit.

(3.) AFTER hearing learned counsel for the parties and going through the evidence on record, the trial Court decreed the suit of the plaintiff- respondent with costs for recovery of Rs. 2 lacs along with interest @ 1.5% per month, from the date of execution of pronote and receipt, till that day. Further, plaintiff was entitled to claim future interest @6% per annum, on principal amount only, from that day till actual realization of entire decretal amount.