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2016 Supreme(Raj) 212

DINESH CHANDRA SOMANI
Awantika – Appellant
Versus
Yogendra Kumar Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M.M. Ranjan, Mr. Daulat Sharma
For the Respondent: Mr. L.L. Gupta

JUDGMENT :

This appeal has been preferred by the defendant-appellant against the judgment and decree dated 29.03.1996 passed by the Additional District Judge No. 2, Jaipur City, Jaipur in Civil Suit No. 593/1995, whereby the learned trial Court has decreed the suit of plaintiff-respondent against the defendant-appellant for recovery of Rs. 14,200/- with cost and interest @ Rs.1.20 per hundred per month.

2. Skeletal Material facts necessary for disposal of this appeal are that plaintiff-respondent filed a civil suit for recovery of Rs. 14,200/- against the defendant-appellant in the Court of District judge, Jaipur City, Jaipur which was later on transferred to the Court of Additional District Judge No. 2, Jaipur City, Jaipur. The plaintiff-respondent averred in the plaint that the defendant- appellant took a loan of Rs. 10,000/- from him on interest @ Rs.1.20 paise per hundred per month and executed a receipt. When the defendant did not pay the amount despite demand, the plaintiff sent a notice through his advocate to the defendant which was served upon him but he did not pay the amount and sent reply with wrong facts, thus cause of action arose. The plaintiff is entitled to receive R




























































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