JANAK RAJ Vs. MOHINDER SINGH

JUDGEMENT

(1.) THOUGH this appeal can be dismissed in default for want of prosecution as nobody has come from the side of the appellant yet I am disposing of this appeal on merits with the assistance rendered by the learned counsel for the respondent.

(2.) UNSUCCESSFUL plaintiff Shri Janak Raj son of Shri Behari Lal has filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 19.11.1979, passed by the District Judge, Kapurthala who affirmed the judgment and decree dated 26.10.1978, of the trial Court, vide which, the suit of the plaintiff-appellant Janak Raj, was dismissed.

(3.) NOTICE of the suit was given to the defendant who filed the reply and denied the allegations of the plaintiff. The defendant alleged that the plaintiff was a money lender and that he has no licence. The defendant, further, stated in the reply that pronote was certainly executed in favour of the plaintiff but the amount of the pronote along with interest was paid to the plaintiff on 18.12.1974 and the plaintiff executed a receipt in this regard. The plaintiff gave a notice which was duly replied by the defendant. On these small pleadings of the parties, the trial Court framed the following issued :