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2018 Supreme(Del) 1512

PRATHIBA M.SINGH
O. P. GUPTA – Appellant
Versus
SARLA DEVI JAIN – Respondent


Advocate Appeared:
For the Appellant :Mr. R.K. Tewari, Mr. R.K. Bhargwa and Mr. Y. R. Sharma, Advocates.
For the Respondent:Mr. Ranjan Kumar, Advocate

JUDGMENT :

Prathiba M. Singh, J.

1. The present appeal arises out of a suit for recovery of Rs.7 Lakhs filed by the Respondent/Plaintiff (hereinafter “Plaintif”) against the Appellant/Defendant (hereinafter “Defendant”). The Trial Court has decreed the suit vide a hand-written judgment dated 5th March, 2012 running into 13 pages for a sum of Rs.7 Lakhs with interest @ 8% per annum from the date of filing of the suit till its realization.

2. The case of the Plaintiff in brief is that her husband Shri S.D. Jain had given a loan of Rs.10 Lakhs to the Defendant in cash for which a promissory note was executed by the Defendant. Out of the loaned amount, an amount of Rs.3 Lakhs was paid back and another promissory note for Rs.7 Lakhs was executed. The first promissory note of Rs.10 Lakhs is a photocopy of the original placed on record and the second promissory note of Rs.7 Lakhs has been placed in original. The suit was initially filed under Order XXXVII CPC. However, leave to defend was granted on 3rd August, 2006.

3. The Defendant then filed his written statement and took various pleas. The first plea of the Defendant was that he had a business relationship with the Plaintiff and the money



























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