JUDGMENT

Sharad Kumar Sharma, J. - The defendant (appellant herein), had preferred this Second Appeal, questioning the propriety of the judgement dated 12.04.2005, as was passed by the Court of District Judge, Chamoli, in Civil Appeal No. 6 of 2002, Rajendra Prashad Khanduri Vs. Safique Ahmed and others, whereby, the appeal, which was preferred by the defendant/appellant has been dismissed and as a consequence thereto, it has resulted into the affirmation of the judgment of the learned trial Court dated 31.10.2002, as was rendered in Original Suit No. 41 of 1999, Rafique Ahmed (through LRs) Vs. Rajendra Prasad Khanduri and another.

2. The suit in question was instituted by the plaintiffs (respondents herein) on 14.05.1999, praying for a grant of a decree for recovery of money, as mentioned in para 10 of the plaint, seeking decree to the effect that a total amount of Rs. 46,500/- may be directed to be recovered from the defendant/appellant. It was a money, which was allegedly said to be taken by the parties for the purposes of purchase of a Truck, the business in which they were engaged in terms of an agreement of the partnership deed dated 19.06.1995.

3. The factum of entering into a