MAHARAJ SINHA
Ashok Kumar Dasani – Appellant
Versus
Sudha Agarwal – Respondent
(1.) ON or about 27th January, 1998, the plaintiff instituted the above suit claiming as follows: - (a) A decree for a sum of Rs. 20,61,275.65/-; (b) Interest @ 24% per annum till realization thereof; (c) Attachment before judgment; (d) Receiver; (e) Injunction; (f) Such other or further relief.
(2.) THE above suit was instituted mainly on the allegations that in the second week of September 1994 the plaintiff at the request of the 2nd defendant, Prabhu Shankar Agarwal, agreed to lend and advance a sum of Rs. 10,00,000/- to his wife, namely, the 1st defendant herein, Sudha agarwal, on certain terms and conditions which according to the plaintiff, would be borne out from the course of conduct and correspondences exchanged by and between the parties. The terms and conditions were - (I) that "the plaintiff would lend and advance a sum of Rs. 10, 00,000/-to the defendant No. 1", (II) that "the interest shall be paid @ 24% per annum" and (III) that "the defendant shall repay the said sum of Rs. 10,00,000/-along with accrued interest thereon, on or before 10th October, 1994"
(3.) THE case of the plaintiff as made out in the plaint proceeds on the basis that the 2nd defendant r
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