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2019 Supreme(Del) 1736

VALMIKI J.MEHTA
Sumit Juneja – Appellant
Versus
Ram Kanwar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Udaibir Singh Kochar, Advocate
For the Respondent:Mr. Rohit Kumar Modi, Advocate

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JUDGMENT :

VALMIKI J. MEHTA, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant nos. 2 and 3 in the suit, and who are the legal heirs of late defendant no. 1. Late defendant no. 1 was the husband of defendant no. 3 and the father of defendant no. 2. The defendant no. 2 is the appellant no.1 and defendant no. 3 is the appellant no. 2 in this appeal. By the impugned judgment, the trial court has decreed the suit for recovery of moneys filed by the respondent/plaintiff for an amount of Rs. 7,11,187/- along with interest at 9% per annum on account of such moneys being invested by the respondent/plaintiff with the defendant no.1, and this amount was agreed to be repaid back by all the defendants, but was not repaid, and hence the suit.

2. The facts of the case are that the respondent/plaintiff filed the subject suit pleading that he had been regularly investing in various firms being run by defendant no.1/Late Sh. S.C. Juneja in the form of Fixed Deposit Receipts, mutual funds, bonds etc. With respect to such amounts

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