BHAGWAN SINGH Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal, is directed, against the judgement and decree, dated 04.01.2008, rendered by the Court of Additional Civil Judge (Senior Division) Phul, vide which, it decreed the suit of the plaintiff/respondent for recovery, and the judgement and decree dated 16.04.2008, rendered by the Court of District Judge, Bathinda, vide which, it dismissed the appeal.

(2.) SHORN of unnecessary details, the facts, relevant for the decision of this appeal, are that, on 03.02.2003, the defendant/appellant, borrowed a sum of Rs. 50,000/-, from the plaintiff/respondent, and agreed to pay interest @ Rs. 2% per month. It was further stated that, in lieu of the loan, the defendant/appellant, executed the pronote and receipt, whereupon, he signed and put his thumb impression, in the presence of the witnesses. The defendant/appellant, was many a time asked, to repay the borrowed amount alongwith interest, but to no avail. On the final refusal of the defendant/appellant, left with no other alternative, a suit for recovery, was filed.

(3.) ON the pleadings of the parties, the following issues were struck:-