SANT RAM Vs. DAYAL

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 28.2.2013 passed by learned District Judge, Sirmaur at Nahan, in Civil Appeal No.30 -CA/13 of 2011.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that the respondent/plaintiff (hereinafter referred to as the "plaintiff" for the sake of convenience) filed a suit for a decree of recovery of . Rs.1,00,000/ - along with interest at the rate of 18% per annum against the appellant/defendant (hereinafter referred to as the "defendant" for the sake of convenience). According to the plaintiff, the defendant belonged to his village. He used to supply timber to plywood factories in Paonta Sahib area. He was in dire need of money to promote his business. He borrowed a sum of Rs.1,00,000/ - from him. The amount was advanced to the defendant without any interest. A receipt to this effect was executed by the defendant in favour of the plaintiff in the presence of the witnesses. The defendant failed to repay the amount within the stipulated period of one month, on one pretext or the other. Hence, the suit.

(3.) REPLICATION was also filed by the plaintiff.