JUDGMENT :

1) This is plaintiff's first appeal filed under Section 96 of the CPC arising out of judgment and decree dated 08.08.2014 passed by the learned Additional District Judge, Dhamtari (C.G.) passed in Civil Suit No. 01-B/2014 wherein the suit filed by the plaintiff for recovery of Rs. 300,000/- against defendants has been dismissed.

2) For convenience plaintiff and defendants are termed as it exists before the trial Court.

3) The plaintiff has filed civil suit for recovery of Rs. 300,000/- along with interest against legal representatives of Manoharlal Moolwani namely Bharti Moolwani, Kamal Moolwani, Rekha Moolwani and Sumit Moolwani. It has been contended that plaintiff and Manoharlal Moolwani were known to each other. Since, late Manoharlal has some financial crunch he had requested the plaintiff to provide him financial assistance.

He assured him that he will return the entire amount with interest. Considering the circumstances and the fact that they were known to each other, he gave Rs. 3,00,000/- on 20.07.2006 to Manoharlal and as a security the Manoharlal handed over a cheque valued Rs. 3,00,000/- drawn in State Bank of India and also written promissory note. But all of a