Honble MITAL, J.–This appeal is directed against the judgment and decree dated 1st June, 1996 passed by learned District Judge, Jalore in Civil Suit No. 11/94 under Order 37, Civil Procedure Code.

(2). To appreciate the argument advanced by the learned counsel for the parties, the necessary facts may be stated briefly as under:-

(3). Respondent Smt. Gheesi wife of Sukhram Mahajan, resident of Ahore brought a civil suit under order 37 C.P.C. for realisation of Rs. 2,67,960/- (principal amount Rs. 1,74,000/- + interest Rs. 93,960/-) in the Court of District Judge, Jalore stating in the plaint that the appellant Lalchand is the friend of her husband, who needed money for expanding his business. He requested her on 14.10.91 at Ahore to advance Rs. 1,74,000/- to him. On account of his acquaintance and friendship with her husband, she agreed to give a loan of Rs. 1,74,000/- to the appellant and the amount was paid to him by a bank draft payable to M/s. Lalchand & Company. The bank draft issued by State Bank of India, Ahore was given to the appellant on 14.10.91 at Ahore which was got encashed by him through his bank State Bank of India, Jodhpur. The appellant agreed to pay interest at the

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