Honble TATIA, J.–Heard learned counsel for the parties. Perused the record.

(2). This is an appeal against the judgment and decree passed by the Addl. District Judge No.2, Jodhpur in Civil Original Suit No. 27/80 whereby the trial court decreed the suit of the plaintiff for principal amount of Rs. 25,000/- alongwith interest @ 17% per annum. The trial Court granted interest @ 17% per annum till date of filing of the suit and interest was granted @ 12% per annum from 5.2.79.

(3). Brief facts of the case are that the plaintiff in plaint alleged that defendant No.1 firm is having partners defendants No.2 & 3. The defendants are doing the business of dying and printing at Jodhpur. The defendants obtained credit facility of Rs.50,000/- as documentary bills purchase facility and credit facility of Rs.10,000/- in the category of bills purchase facility. The plaintiff granted this facility to the defendants with a condition of minimum rate of interest of 17% per annum. On 15th Oct., 1975 the defendants executed promissory note for Rs.50,000/- in favour of the plaintiff and agreed to make payment @ 17% per annum. The defendants also executed other docu- ments mentioned in the plaint and star

Click Here to Read the rest of this document