J.B. Pardiwala, J.

This second appeal under section 100 of the CPC is at the instance of the original defendant No.2 and is directed against the judgment and order dated 11th December, 2017 passed by the Principal District Judge, Mehsana in the Regular Civil Appeal No.90 of 2005 arising from the judgment and decree passed by the Civil Judge (S.D.), Mehsana dated 16th March, 2000 in the Special Summary Suit No.3 of 1999.

2. For the sake of convenience, the appellant herein shall be referred to as the original defendant No.2, the respondent No.1 shall be referred to as the original plaintiff and the respondent No.2 shall be referred to as the original defendant No.1.

3. The case of the defendant No.2, in his own words, as pleaded in the memo of the second appeal, is as under;

"2.1 The appellant states that the appellant is the resident of Visnagar. The opponent No.1 is the partnership firm which is based at Visnagar. The respondent no.2 used to live at Visnagar.

2.2 The respondent no.2 had borrowed the amount from respondent no.1, which was not paid by the respondent no.1. The