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2018 Supreme(HP) 1210

TARLOK SINGH CHAUHAN
Ajay Kuthiala – Appellant
Versus
Maria Enterprises – Respondent


Advocates Appeared:
Dheeraj K. Verma, Rakesh Manta, Advocates for the appearing parties.

JUDGMENT

Tarlok Singh Chauhan, J —Looking to the nature of the order I propose to pass, it is not necessary to delve in detail the facts of the case.

2. Suffice it to state that the plaintiff-appellant filed a suit for recovery of Rs. 64, 200/- against the defendants on the ground that the same was advanced as friendly loan to defendant No.1 through defendant No.2 as defendant No.1 was in dire need of money. The defendants contested this claim by filing written statement wherein they denied the averments made in the plaint.

3. Learned trial court framed the following issues on 19.8.2014:

    1. "Whether plaintiff has given friendly loan of Rs. 54, 000 to the defendant, as alleged? OPP

      2. Whether the plaintiff is entitled for the recovery of Rs. 64, 200/- alongwith interest from the defendant as prayed for ? OPP

        3. Whether the suit is not maintainable, as alleged? OPD

          4. Whether suit is bad for non-joinder of necessary parties, as alleged? OPD

            5. Whether suit is barred by limitation, as alleged? OPD

              6. Whether this court has no jurisdiction to try and decide the present suit, as alleged? OPD

                7. Relief."

                4. After recording the evidence and evaluating the same, learned trial court decreed

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