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1993 Supreme(HP) 158

LOKESHWAR SINGH PANTA
PANT RAJ SACHDEV – Appellant
Versus
MANSHA SINGH – Respondent


Advocates Appeared:
For the appellants/defendant :Shri Kuldip Singh, Advocate. For tbe respondent(s)/plaintiff:~Shri Praneet Gupta for Shri Bhupender Gupta, Advocates.

JUDGMENT

Lokeshwar Singh Panta, J.—This appeal is preferred by the Appellant-defendant against the judgment and decree of the District Judge, Solan and Sirmaur Districts at Nahan, Camp at Nahan, passed in Civil Appeal No 207-S/13 of 1987 dated 3rd October, 1989 reversing the decree passed 76-S/13of 1988 by Sub-Judge 1st Class, Nalagarh, in Civil Suit No. 70/1 of 1985, dated 10th September, 1987.

2. The short facts leading to this appeal are as under :

3. The plaintiff-respondent filed the suit for recovery of Rs. 28,500 on the allegations that on 30th April, 1982 the defendant had borrowed Rs, 21,000 from the plaintiff in cash with promise to repay the same on demand along with interest at the rate of 12% per annum, and the defendant executed a pronote (Ex. P-l) and receipt (Ex. P-2) in consideration thereof It was further alleged that the defendant had failed to re-pay the amount inspite of repeated demands. Notice (Ex. P-3) was also issued by the plaintiff on 8th April, 1985 end as such the present suit had been filed for recovery of Rs. 21,000 as principal and Rs. 7,500 as interest.

4. The defendant has contested the suit, inter alia on the ground that tbe pronote in question was w


















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