RAJESHWAR PRASAD Vs. PRABHU PRASAD

JUDGEMENT

(1.) THIS First Appeal was filed by defendant second party appellant against the Judgment and Decree dated 23.12.1978 passed by learned 5 th Addl. Subordinate Judge, Motihari in Money Suit No.116 of 1969 / 10 of 1978 whereby the Court below decreed the plaintiff respondent No.1 suit for realization of amount of Rs.9699.75.

(2.) IT appears that the original plaintiff respondent No.1 filed the aforesaid Money Suit against one Jagdish Prasad and the appellants in the First Appeal alleging that defendant No.1l, Jagdish Prasad, had taken loan of Rs.8400/ - for various purposes. Jagdish Prasad paid to the plaintiff only Rs.3600+ 1000+100+1000 and Rs.1400 Total= 7100/ - and in spite of repeated demand, the rest of the amount was never paid.

(3.) THE defendant No.1, Jagdish Prasad appeared and filed contesting written statement denying the taking of loan from the plaintiff. However after filing written statement, he died and then the legal representatives of Jagdish Prasad were substituted who were defendant second set in the Court below. The cross objector, Tarkeshwar Prasad, who was defendant No.1(kha) had filed separate written statement in the Court below taking various legal please including that the suit is barred by law of limitation and that his father did not take any loan. He also took the plea that he was separate from his father after death of his mother and then his father had married the second wife who is his step mother. The defendant 1(kha) has validly transferred the two properties by registered sale deeds in favour of the defendants appellants.