GOPAL CHAND Vs. ROOP LAL

JUDGEMENT

(1.) The instant appeal is directed against the judgment and decree, rendered on 31.8.2005, in Civil Appeal No. 16 of 2005, by the learned District Judge, Una, H.P., whereby, the learned First Appellate Court while allowing the appeal, preferred by the respondent, set aside the judgment and decree, rendered by the trial Court on 31.01.2005.

(2.) Brief facts of the case are that plaintiff filed a suit for recovery of Rs. 26,000/ -. It is averred in the plaint that the defendant on 6.6.2001 approached him and requested him to give Rs. 10,000/ - as his son met with an accident in the flour mill and his left arm got fractured. After considering the request of the defendant he gave Rs. 10,000/ - to the defendant in the presence of Bharat Bhushan Kalia and Brij Raj. The defendant assured the plaintiff that he will return the above amount on or before 31.07.2001. It is further averred by the plaintiff that on 10.6.2001 the defendant again approached him and requested him to give more money for treatment of his son and the plaintiff given Rs. 16,000/ - in the presence of Bharat Bhushan Kalia and Brij Raj. The defendant assured him that he would make the entire payment on or before 31.7.2001. The defendant was requested many times to return and pay Rs. 26,000/ - as the plaintiff was in need of money for the construction of the shop but the defendant did not bother to pay the same hence, the plaintiff has instituted the suit.

(3.) The suit was resisted and contested by the defendant by filing written statement wherein preliminary objections regarding maintainability, estoppel and cause of action have been taken. The defendant has specifically alleged that the present suit has been filed in connivance and collusion with Bharat Bhushan Kalia and Brij Raj as they had strained relations with the defendant. On merits defendant admitted the fact that left arm of his son was fractured. It is specifically submitted by the defendant that the plaintiff alongwith Bharat Bhushan Kalia and Brij Raj had purchased flour and other articles on credit and they owe Rs. 3500/ -, Rs. 1500/ - and Rs. 2200/ - respectively to the defendant. When the defendant demanded his money from these persons, these persons started abusing the defendant and in the month of June 2001 they gave beating to the defendant and his son in the scuffle fell on the Chakki and his left arm was fractured. It is further averred that these persons subsequently undertook to repay the dues and compensate the defendant for medical treatment but they have not complied with their undertaking.