( 1 ) THE suit is filed to recover the amounts lent and advanced by the Plaintiff to the Defendant. The suit is based on a dishonoured cheque. The cheque was issued by the Defendant towards the repayment of the said amount.

( 2 ) THE Defendant admits that the loan was advanced. The Defendant admits that he issued the cheque towards the repayment and that the same was dishonoured.

( 3 ) TWO defences were raised. It was contended that the entire amount had been repaid. It was also contended that the suit is not maintainable as a summary Suit.

( 4 ) THE payment by cheques referred to by the defendant are each in the sum of Rs. 4500/- paid half yearly. This does not evidence repayment of the principal amount. It in fact evidences an agreement on the part of the parties for interest at 18% per annum. In paragraph 11 of the reply, the Defendant has also contended that he paid an aggregate sum of rs. 27,500/ -. There is no evidence whatsoever to substantiate the same. There was no reply to the plaintiffs advocate notice demanding payment. This defence has been raised for the first time.

( 5 ) THE first defence is thus without any substance.

( 6 ) MR. LULIA, the learned counsel appearing o

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