JEEWAN SINGH Vs. SHIV SINGH GALUDIA

JUDGEMENT

(1.) The appellant-defendant has filed this first appeal under Section 96 of the Civil Procedure Code against the judgment and decree dated 5-9-1994, whereby learned Additional District Judge No. 2, Jaipur City, Jaipur decreed the suit for Rs. 60,967.50 along with costs of the suit and interest at the rate of 6% p.a. from the date of filing the suit till realization.

(2.) The facts in brief giving rise to the present appeal are that the plaintiff-respondent filed a civil suit for recovery of the suit amount on 14-11-1983, with the averments that the defendant was in need of money, hence the plaintiff advanced a sum of Rs. 55,000/- on 21-3-1983. The defendant agreed to pay interest at the rate of Rs. 1.50 p.m. and executed promissory note and a receipt on that very day. Thereafter the plaintiff asked the defendant to repay and also served a notice on 12-9-1983 but with no result.

(3.) The defendant filed written statement on (sic) 1984 denying the averments with regard to advancing loan and execution of documents on 21-3-1983, although on demand promissory note and a receipt were executed by him without mentioning any date. It was pleaded that the defendant and some other persons entered into an agreement with the plaintiff on 10th February 1982, for sale of certain land. An agreement was executed on that day and the plaintiff paid a sum of Rs. 50,000/- vide Cheque No. 992010, dated 15-2-1982. That agreement failed, hence the plaintiff raised a demand of the amount of the cheque and thus under pressure of the plaintiff, the defendant signed these documents without mentioning the dates.