ARJUN SINGH Vs. SHANTI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the parties, with the consent of the parties, the matter is being finally disposed of at the admission stage itself.

(2.) THE case of the plaintiff respondent is that respondent filed a suit under Order 37 Rule 1 CPC on 2. 6. 2000 for realisation of the amount stating that defendant being known to plaintiff's husband therefore, approached the plaintiff on 17. 1. 98 and asked for loan for his business and pursuant thereto plaintiff gave a sum of Rs. 51,840/- to the defendant. It is also stated in the plaint that the said amount was to be returned within one month alongwith interest @ 24% per annum. An agreement to this effect was also executed by defendant on stamp paper of Rs. 10/ -. It is further pleaded that defendant also handed over a post dated cheque for Rs. 51,840/- and promised that he would make the payment of the aforesaid loan amount with interest @ 24% but he filed to repay the said amount therefore, on 13. 5. 2000 plaintiff served a notice through her counsel for the said amount but that notice was returned with the remarks that defendant is not available. Since defendant had not paid the principal amount therefore, plaintiff has prayed for a decree of principal sum of Rs. 51,840/- alongwith interest @ 24% p. a. i. e. Rs. 29,554/- totalling to Rs. 81,394/ -.

(3.) THE learned counsel for the respondent has contended that the order should be made binding to ensure the compliance of the decree.