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2008 Supreme(P&H) 2167

HARBANS LAL
Amarjit Singh – Appellant
Versus
Nazar Singh – Respondent


Advocates:
For the Appellant:Mr. Mukand Gupta, Advocate.

JUDGMENT

Harbans Lal, J. (Oral):- This appeal is directed against the judgment/ decree dated 1.3.2007 passed by the Court of learned Additional District Judge, Mansa whereby he dismissed the appeal preferred against the judgment/ decree dated 15.12.2006 vide which the Court of learned Civil Judge (Junior Division), Mansa had dismissed the suit.

2. The factual basic terrafirma with brevity is that on 16.5.1996, the defendant borrowed a sum of Rs.5,80,000/- from the plaintiff with the promise to repay the same on demand together with interest at the rate of Rs.1.56% per month. In consideration thereof, he executed the pronote and receipt of even date in favour of the plaintiff. The defendant did not return this amount along with interest despite repeated requests. In answer to this claim, the defendant has inter-alia pleaded that he is the owner of Bagi Filling Station, Fatta Maloka. In the year 1987-1988, he was doing LL.B and he appointed the plaintiff as Manager of this Filling Station. After some time, a dispute arose between them with regard to the amount of the Filling Station. The plaintiff got registered an FIR bearing No.36 dated 6.6.1997, Police Station Jhunir against the d















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