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2005 Supreme(J&K) 125

NIRMAL SINGH
B. N. Pathak (Lt. Col. ) (Retd. ) – Appellant
Versus
Baldev Sharma – Respondent


Advocates Appeared:
Advocate For Appellant: L.K. Sharma
Advocate For Respondent: Madan Baru

1. This is defendant™s Civil 1st Appeal against judgment of learned First Additional District judge, Jammu who vide his judgment dated 28.02.2003 decreed the suit of the plaintiff-respondent for recovery of Rs 1,09,000/- with 9% p.a. interest till realization.

2. The case set up by the plaintiff-respondent in the plaint is that defendant-appellant approached him in the year 1985 for advancement of loan of Rs.50,000/- and promised to repay the same alongwith interest @ 18% per annum. The plaintiff advanced the loan amount to defendant at Jammu and defendant acknowledge the same vide his letter dated 17.10.1985 addressed to the plaintiff. The plaintiff repeatedly demanded his money back but the defendant refused to pay, hence the suit was filed.

3. The defendant contested the suit and controverted the allegations. The defendant denied borrowing of money from the plaintiff and pleaded that he had never visited at Jammu after 14.11.1985. He further pleaded that defendant was working with Chahal Engineering Company from May to November 1984 as a Project Manager at Salal Hydroelectric Project. He met with Baldev Sharma plaintiff and Mr. Suri at the residence of Mr. Kochhar who was also w

































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