( 1. ) THIS revision under Section 115, CPC is directed against the judgment-decree dated 10-9-2003, passed by ADJ, Khurai, in C. A. No. 5-B/2002.

( 2. ) PLAINTIFF/petitioner instituted C. S. No. 19-B/2002 before Civil Judge Class I, Khurai for recovery of Rs. 23,000/- together with interest from the defendant/respondent on the ground that on 2-12-97, the aforesaid amount was deposited by him with the defendant/respondent. On demand, the defendant/respondent failed to refund the same. The suit aforesaid has been resisted by the defendant/respondent stating inter alia that the suit filed by the plaintiff/petitioner is false as no amount was ever been deposited with him and the agreement dated 2-12-97 was never executed between the parties. The Civil Judge accepting the contention of the plaintiff/petitioner vide judgment dated 31-7-2002 in C. S. No. 19-B/2002 held that the defendant/respondent obtained the amount aforesaid from the plaintiff/petitioner and the agreement (Exhibit P-1) accordingly was executed and signed. On demand, the defendant/respondent failed to return the amount. Accordingly, the suit for recovery of Rs. 23,000/- together with interest at the rate of 12%