JUDGMENT - KHARCHE S.T., J.:-By invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, the unsuccessful plaintiff has filed this appeal taking an exception to the judgment dated 8-6-1988 passed by the Joint District Judge whereby the appeal has been allowed and the judgment and decree passed by the trial Court on 31-1-1986 directing the defendant to pay Rs. 5,000/- with costs, has been set aside and the suit of the plaintiff is dismissed.

2. Brief facts are required to be stated as under:

The parties are resident of the same village Sawargaon and the relation between them are cordial. On 1-2-1981 the defendant is said to have taken a hand loan of Rs. 5,000/- to meet his household and agricultural expenses and executed usanwar chitthi in favour of the plaintiff. This loan amount was demanded by notice dated 19-1-1983 to which the defendant gave reply on 3-2-1983 and refused to pay the amount of loan and therefore, the plaintiff filed suit for recovery of the said hand loan of Rs. 5,000/- on the basis of usanwar chitthi. The defendant strongly resisted the contentions of the plaintiff and contended that the usanwar chitthi is attested by two witnesse

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