AJAY SHARMA Vs. D K HASTIR

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 15.10.2008, passed by the learned Additional District Judge, Fast track Court, Shimla in Civil Appeal No. 54-S/13 of 2007.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal are that the respondent-plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) had instituted a suit for recovery of `2,35,600/-. Case of the plaintiff was the appellant-defendant (hereinafter referred to as "the defendant" for brevity sake) was known to him. Plaintiff advanced a sum of `1,60,000/- to the defendant for running business for a period of two weeks. He asked the defendant to return the aforesaid amount, but he requested for more time. Plaintiff executed and signed an agreement to repay the amount by 15.07.1999. He requested the defendant to make the payment. He also served a legal notice on the defendant on 19.08.2001through registered post and UPC.

(3.) PLAINTIFF filed the replication. The trial Court framed the issues on 01.12.2004.