1. - This first appeal under Section 96 CPC is directed against judgment and decree dated 30.07.1996 passed by District Judge, Dungarpur, whereby, the suit filed by the respondent - Mangi Lal for recovery of a sum of Rs. 1,37,616/- has been decreed along with interest @ 2% per month from the date of filing suit till payment.

2. The facts in brief may be noticed thus : plaintiff - Mangi Lal filed a suit, inter alia, with the averments that on 16.09.1991 defendants Heera and Chhabi Lal executed a promissory note and receipt jointly having received a sum of Rs. 80,000/- and agreed to pay interest @ 2% per month and, as the amount remained unpaid, after adding a sum of Rs. 57,600/- the present suit for recovery of a sum of Rs. 1,37,616/- has been filed.

3. Written statements were filed by the defendants, inter alia, admitting that though pronote and receipt were executed on 16.09.1991 but no amount was paid; it was claimed that Panna Lal brother of Heera defendant No. 2 was to go to Kuwait for service and, therefore, a sum of Rs. 36,000/- as loan was taken on 11.12.1989 and documents were executed for a sum of Rs. 40,000/-; as Iraq attacked Kuwait resulting in difficult situatio