Mr. L.N. Mittal, J.: (Oral) - Plaintiff Ram Niwas is in second appeal.

2. Plaintiff – appellant filed suit against defendant – respondent Somvir for recovery of Rs.91,385.94 on the basis of two loan transactions. The plaintiff alleged that the defendant borrowed Rs.31,000/- from the plaintiff on 20.1.2002 and agreed to repay the same with interest @ 2% per month in Rabi crop i.e. upto 30.6.2002 and executed Bahi entry for the same. Defendant further borrowed Rs.30,000/- from the plaintiff on 4.3.2004 and agreed to repay the same with interest @ 1.5% per month and executed pronote and receipt for the same. The defendant failed to repay the principal and interest amount. Accordingly, the plaintiff for first loan claimed Rs.31,000/- as principal loan amount and Rs.23,973.44 as interest, totalling Rs.54,973.44. Plaintiff for the second loan claimed Rs.30,000/- as principal amount and Rs.6,412.50 as interest till filing of the suit, totalling Rs.36,412.50.

3. Defendant failed to appear inspite of service and was proceeded ex parte.

4. Learned Civil Judge (Junior Division), Charkhi Dadri vide judgment and decree dated 7.9.2009 dismissed the plaintiff’s suit on the ground that he