BRIJ LAL Vs. AMAR NATH KAUSHAL

JUDGEMENT

(1.) THIS appeal under Section 100 of the Code of Civil Procedure (hereafter referred to as the Code) has been filed by the plaintiff -appellant (hereafter referred to as the plaintiff) against the judgment and decree dated 13.6.1994 passed by the learned Additional District Judge, Solan camp at Nalagarh, in Civil Appeal No. 41 -NL/13 of 1992/94 whereby the decree dated 30.9.1992 passed by the learned Sub Judge 1st Class, Nalagarh, dismissing the suit of the plaintiff, has been affirmed.

(2.) THE facts relevant for the purpose of disposal of the present appeal are that the plaintiff instituted a suit for recovery of Rs. 4,750 i.e. Rs. 4,000 on account of principal and Rs. 750 interest thereon till the institution of the suit and for future interest at the rate of 12 -1/2% per annum till the realisation of the decretal amount. The case as made out in the plaint is that the respondent defendant (hereafter referred to as the defendant) took loan of Rs. 4,000 from the plaintiff vide loan receipt dated 24.9.1985 for domestic use, however, the defendant despite several demands failed to repay the amount. Hence, the suit.

(3.) PLAINTIFF filed replication wherein the averments in the written statement have been denied and the claim as made in the plaint has been reaffirmed.