Pradeep Nandrajog, J.

1. Appellant has suffered a dismissal of the suit as well as the first appeal. This is notwithstanding the fact that the respondent was ex-parte at the trial. In the second appeal I am to answer the following question of law:

Whether merely because the testimony of PW-1 remained unchallenged is appellant entitled to a decree in light of Ex.PW-1/1, PW-1/2 and PW-1/3?

2. The courts below have held against the appellant/plaintiff with reference to the three documents proved by the plaintiff himself being Ex.Pw-1/1, PW-1/2 and PW-1/3.

3. Appellant sued to recover Rs. 2,81,386/- alleging that he had advanced Rs. 11 lacs to the respondent and that pertaining to Rs. 10 lacs advanced by cheques and a bank draft he i.e. the respondent had executed promissory notes. That in respect of Rs. 1 lac advanced in cash no promissory note was issued. That he had filed a suit under Order xxxvII for recovery of Rs. 10 lacs together with interest in respect whereof promissory notes were executed and was suing in the suit to recover Rs. 1 lac. That since rate of interest agreed was 3% per month he was entitled to Rs. 1,81,386.25 towards interest @ 3% per month.

4. Since res