PRAKASH CHAND Vs. NATHU RAM

JUDGEMENT

(1.) By way of present appeal, the appellant has challenged the judgment and decree passed by the Court of learned District Judge, Hamirpur in Civil Appeal No. 93 of 2005, vide which judgment the learned appellate court has set aside the judgment and decree passed by the Court of learned Civil Judge (Junior Division) Barsar, Distt. Hamirpur in Civil Suit No. 41/2003 dated 10.3.2005.

(2.) This appeal was admitted on 19.3.2008, on the following substantial question of law:-

(3.) Facts in brief necessary for adjudication of the present case are that respondent/plaintiff (hereinafter to be referred as 'plaintiff') filed a suit for recovery of Rs. 46,000/- along with interest against the appellant/defendant on the ground that defendant had borrowed a sum of Rs. 30,000/- from him on 27.1.2001 and at the time of borrowing, he had promised to return the same back on or before 27.2.2002. The factum of the defendant having borrowed the said money was reduced into writing in which it was mentioned that if defendant failed to make the payment of the borrowed money to the plaintiff on or before 27.2.2002 then the defendant would be bound to give double amount of the borrowed money to the plaintiff. As per the plaintiff after the due date he requested the plaintiff on various occasions to return back his money. The defendant delayed the payment of the same on one pretext or the other. He paid an amount of Rs. 14,000/-to the plaintiff in March, 2002 that too through UpPradhan of Gram Panchayat of the plaintiff. Thereafter plaintiff requested the defendant to pay the remaining amount of Rs. 46,000/- which was due to him from the defendant but the defendant refused to do so. In these circumstances, he issued a legal notice to the defendant on 17.8.2002 and requested him to make the payment but defendant failed to pay the money to the plaintiff, which he owed to him and thereafter the plaintiff filed the suit for recovery.