Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree dated 3rd December, 2004 of the Court of the Addl. District Judge, Delhi of dismissal of Suit No.47/03/99 filed by the appellant for recovery of Rs.6,80,000/- from the respondent/defendant.

2. The appeal was, vide order dated 16th February, 2005 admitted for hearing. The appeal was on 22nd May, 2009 dismissed in default of appearance of the appellant/plaintiff but was, on application of the appellant, restored vide order dated 16th September, 2009. The counsel for the appellant/plaintiff was substantially heard on 11th October, 2013 when he sought time to answer the queries raised by this Court. Thereafter it was informed that the respondent/defendant had died and vide order dated 6th November, 2013 his legal heirs were substituted. The counsel for the appellant and the counsel for the legal heirs of the respondent/defenant have been heard.

3. The appellant/plaintiff on 6th January, 1999 instituted the suit from which this appeal arises pleading:-

(a). that the appellant/plaintiff had vide cheque dated 10th December, 1994 advanced a loan of Rs.5 lacs to the respondent/defendant for a period of one year