JUDGMENT - MOHTA ANOOP V., J.: - This second appeal has been filed by the original defendant/appellant herein, against the original plaintiff-respondent herein, and thereby challenged the judgment and decree dated 1st August, 1991, passed in Regular Civil Appeal No. 80 of 1990 whereby, judgment and decree passed in Regular Civil Suit No. 88 of 1985 dated 4th April, 1990, was set aside and modified and thereby, directed the defendant to pay; the suit amount with interest and costs. The second appeal was admitted on 27th November, 1991, on the following question of law :

"Whether the finding of the Appellate Court which does not consider the intrinsic evidence supplied by the disputed document would be a proper finding which could be binding in the second appeal?"

2. The appellant had filed Suit No. 88 of 1985 against the respondent for recovery of Rs. 4,200/- as hand loan based on the agreement dated 13th February, 1982. As the respondent did not repay the said amount, notice was sent to repay the said loan amount. There was no reply to the said notice. Therefore, suit was filed. The respondent resisted the same by written statement and apart from other, the said agreement was denied.

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