GH. QADIR NAIKOO Vs. GH. HUSSAIN DRABU

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by District Judge, Pulwama on 3.12.1999 in a suit No. 6/Numbri of 1999 titled Gh. Hussain Draboo v. Gh. Qadir Naikoo and Ors.

(2.) GH . Hussain Draboo S/o Gh. Hassan Drabu R/o Gogjibagh, Srinagar filed a suit under Order 37 of Code of Civil Procedure against Gh. Qadir Naikoo, Jamal Rather and Haji Mohd. Sultan Rather. It was alleged by said Gh. Hussain Draboo (hereinafter referred to as the plaintiff) that the defendants have jointly taken an amount of Rs. 60,000/ from him on 25.5.1993 on a pronote as loan to be realised by him as loan cum debt and that the same was to be repaid by the defendants on demand of the plaintiff at Pulwama. It was further alleged by the plaintiff that apart from the promissory note he obtained a separate receipt jointly from defendant Nos. 1 and 3 on the same date for the same amount which bear the thumb impression and finger prints of all the defendants. It was the case of the plaintiff before the trial court that despite demand the defendants did not return the amount to him. He sent registered notices to the three defendants but even after receiving the notices they did not return the money. He, therefore, prayed for a decree for recovery of the amount of Rs. 60,000/ - from defendants alongwith interest at the rate of 18% on such amount from the date of first notice of demand till the realisation of the amount. Alongwith the plaint the plaintiff filed a pronote as well as a receipt dated 25.05.1993.

(3.) THE trial court found that there were no malafides on the part of plaintiff in filing the application for bringing legal heirs of defendant No. 3 on record. The court, therefore, allowed Mst. Taja wife of Gula Rather (daughter of defendant No. 3) R/o Chugal pora Tehsil Kulgam to be substituted as defendant No. 3 from the date of institution of the suit.