RAMESH CHANDRA SONI Vs. ARVIND

JUDGEMENT

(1.) This civil second appeal filed by appellantdefendant Ramesh Chandra Soni against respondent-plaintiff Arvind is directed against the judgment and decree dated 10.10.2011 passed by learned Additional District Judge No.3, Udaipur in Civil Regular First Appeal No.63/2008, whereby the learned first appellate court dismissed the appeal of the appellant-defendant and affirmed the judgment and decree dated 19.09.2007 passed by learned Additional Civil Judge (Sr. Division) No.3, Udaipur in Civil Original Case No.69/2006, whereby the suit of the respondent-plaintiff was decreed. The brief facts of the case are that the respondentplaintiff filed a suit for recovery of Rs.27,200/- before the trial court. It was averred in the plaint that the appellantdefendant was known to the respondent-plaintiff. The defendant asked for Rs.22,000/-, which the plaintiff gave to him and for the same a document dated 13.11.2000 was written by the appellant-defendant in favour of the respondent-plaintiff. It was further averred that the respondent-plaintiff demanded the money so given as loan , but the appellant-defendant refused to pay back the said amount. Thus, the suit for recovery of the amount of Rs.20,000/- alongwith compensation of Rs.7200/-.

(2.) The appellant-defendant filed written statement stating therein that he did not borrow any money from the respondent-plaintiff. It was pleaded that the document dated 13.11.2000 was never executed by the appellant-defendant and it is a forged document. It was further stated that appellant-defendant signed the said document simply as one of the witness/guarantor.

(3.) On the basis of the pleadings of the parties, the learned trial court framed as many as six issues and recorded the oral as well as documentary evidence of both the parties. After hearing the arguments of the parties, the learned trial court vide judgment and decree dated 19.09.2007 decreed the suit of the respondent-plaintiff for an amount of Rs.27,200/- alongwith interest at the rate of 12% per annum on the principal amount of Rs.20,000/- from the date of filing of the suit till the date of realization of the amount. Being aggrieved by the aforesaid judgment and decree, the appellant-defendant filed an appeal, which came to be dismissed by the learned first appellate court vide judgment and decree dated 10.10.2011, whereby the judgment of the learned trial court was upheld. Hence, the appellantdefendant has filed the present appeal.