JUDGMENT :

D. Dash, J.

The appellant in this appeal under section 100 of the Code of Civil Procedure (for short, ‘the Code’ )has assailed the judgment and decree dated 03.01.1998 and 09.01.1998 respectively passed by the learned District Judge, Keonjhar in Money Appeal No. 06 of 1992.

The appellant as the plaintiff had filed the Money Suit No. 05 of 1991 in the court of Sub-Ordinate Judge, Keonjhar (as it was then) praying for a decree for recovery of sum of Rs.5,876/-with interest, pendentilite and future @ 12% per annum from the respondent, arraigned therein as defendant. The suit stood dismissed by judgment and decree dated 03.011.1992 and 18.11.1992.

The appellant as the unsuccessful plaintiff had filed the above noted appeal under section 96 of the Code wherein the judgment and decree passed by the trial court have been confirmed.

2. For the sake of convenience, in order to avoid confusion and bring in clarity; the parties hereinafter have been referred to, as they have been arraigned in the trial court.

3. The defendant is none other than the brother of the plaintiff. They were residing separately under separate mess but without any division of the ancestral property. Sometime in t