This appeal, preferred under Sec tion 100 of the Code of Civil Proce dure, 1908, is directed against the judg ment and decree dated 20-02-2003 passed in Civil Appeal No. 1 of 2001, whereby judgment and decree dated 20-07-2000 passed by trial court, in Civil Suit No. 111 of 1998 was con firmed.

2. Brief facts of the case are that a suit was filed by plaintiff/respondent for recovery of Rs. 78, 500/- from the defendant/appellant. As per the plaint case, the plaintiff is a retired Range Of ficer and defendants father was his col league. On 10-09-1995, defendant took a loan of Rs. 50, 000/- from the plain tiff through Cheque No. 27307 dated 10-09-1995 and executed a pronote and a receipt. According to the plain tiff, the defendant purchased a vehicle by a loan taken from a bank and for repayment of said loan to the bank, the aforesaid amount was taken from the plaintiff. However, when on 29-01- 1998, the plaintiff demanded repay ment by sending a notice, the defend ant failed to repay the loan. As such, the plaintiff instituted a suit for recov ery of money with interest.

3. Defendant contested the suit be fore the trial court and filed his written statement. However, he admitted hav i

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