( 1 ) THIS order will govern the disposal of I. A. 5495/89. Plaintiff filed suit under Order XXXVII, Civil Procedure Code alleging that he gave as friendly loan a sum of Rs. 4,46,000. 00 on 6th March, 1986 for one month without interest to the defendant who acknowledged payment thereof vide receipt dated 6th March, 1986. Since the defendant withheld repayment of the said amount despite repeated requests, he is liable to pay interest thereon @ 20% p. a. being the market rate with effect from 5th April, 1986. It is further alleged that the plaintiff got a legal notice dated 14th February, 1989 sent to the defendant to pay the said amount alongwith interest on his residential address but he kept on avoiding receipt thereof. Thereupon another legal notice dated 28th February, 1989 was sent to the defendant by registered AD post as well as under certificate of posting but he has failed to pay the said amount together with interest, total being Rs. 7,13,600. 00. Suit is sought to be decreed for this amount alongwith interest pendente lite and future @ 20% p. a.

( 2 ) IN the suit, defendant filed said I. A. 5495/89 seeking leave to defend suit on the grounds that Receipt dated