1. This Civil 1st Appeal is directed against the judgment and decree dated 12.8.2004 passed by the District Judge, Udhampur in a Civil Suit titled as Kulwant Singh v. Munna Lal, for short `impugned judgment hereinafter.

BRIEF FACTS:

2. Kulwant Singh-Plaintiff/Appellant filed a suit for recovery of Rs. 54,000/- against Munna Lal-defendant/respondent, on the ground that the plaintiff granted Rs. 54,000/- as a loan to Munna Lal-defendant for raising construction of his house, recoverable at the rate of 18% per annum interest, And, accordingly, Munna defendant executed a "HUNDI-DP NOTE" on 15th April, 1987. It is alleged that the defendant failed to return the said amount despite demand, constrained the appellant/plaintiff to file the suit.

3. The defendant/respondent appeared and contested the suit by the medium of written statement.

Following four issues came to be framed:-

"1. Whether the defendant obtained an amount of Rs. 54,000/- as loan from the plaintiff for construction of house at round and executed DP Note dated 15.4.97 in favour of the plaintiff, undertaking thereby to repay the said amount along with interest @ 18% p.a. OPP

2. Whether suit is not maintainable in the present form

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