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2000 Supreme(Raj) 1192

SUNIL KUMAR GARG
Kedar Singh Chouhan (Shri) S/o Shri Laxmi Narainji Chouhan – Appellant
Versus
Shri Bhagwan Singh S/o Shri Deep Singhji @ Shri Deepa Ramji – Respondent


JUDGMENT

1. - This is a civil first appeal filed by the appellant-defendant against the judgment and decree dated 5.3.1990 passed by the learned Additional District Judge, Barmer, by which the learned Additional District Judge decreed the suit of the plaintiff-respondent for Rs. 1,20,000/- u/O. 37 Rr. 1 & 2 CPC with costs against the appellant-defendant and further allowed interest @ 12% p.a. on the principal amount from the date of presentation of the plaint upto the passing of the decree.

2. The facts giving rise to this first appeal are as follows :

That plaintiff-respondent filed a suit in the Court of Additional District Judge, Barmer on 11.11.1986 against the appellant-defendant for recovery of Rs. 1,20,000/- a/O. 37 Rr. 1 & 2 CPC on the basis of the Promissory Note (Ex. 1) and receipt (Ex. 2) dated 21.1.1984 stating that appellant-defendant executed Ex. 1 Promissory Note and Ex. 2 Receipt in favour of the plaintiff-respondent after settling the old account. He has further stated that appellant-defendant is a Contractor and has been taking the building contracts and for that purpose, he used to take loan time to time from the plaintiff-respondent and after clearing the old acco








































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