Goutam Bhaduri, J.

1. Challenge in this appeal is to the judgment and decree dated 13.04.2005, passed in C.S. No. 20-B/2004, passed by IIIrd Additional District Judge, Raipur (C.G.), whereby the suit filed by the appellant/plaintiff was dismissed on the ground that the documents required to be filed alongwith the plaint were not filed at the time of filing of suit.

2. Brief facts of the case are that a suit was filed by the appellant for recovery of Rs. 68,244/- against the defendant on the basis of the pleading that the defendant has availed different loan at different point of time i.e. Rs. 18,000/- on 30.05.2001, Rs. 15,000/- on 22.06.2001 and Rs. 17,000/- on 30.07.2001 and agreed to pay interest @ 1% per month, thereby total Rs. 50,000/- was availed as a loan.

3. It was pleaded that after availing loan, the defendant/respondent failed to pay the loan in terms of the agreement and despite several demand, the same was not paid. Consequently, a legal notice was served recalling the amount of loan but despite such notice the amount of loan was not liquidated, consequently a civil suit for recovery was filed on 14.06.2004.

4. After service of notice, the defendant entered his