This appeal under section 96, Civil Procedure Code has been filed by the plaintiff-appellant after obtaining permission to file appeal as indigent, feeling aggrieved by the judgment and decree dated 21-9-2006 passed by learned 2nd Additional District Judge, Satna in Civil Suit No. 2-B/2006 dismissing his suit.

2. In brief the case of plaintiff is that defendant who is a businessman is his good friend. To carry out his business and by demonstrating before the plaintiff that he is in financial crisis he made a demand of Rs. 50,000/- which plaintiff gave to him after executing a promissory note. Earlier to the execution of this document on 23-11-1998 a document of agreement was executed between the parties that if 50% of the profit which the defendant would earn in his business is not paid to the plaintiff, he (the defendant) will pay interest @ 24% per annum. In pursuance to the aforesaid, on 27-11-1998 a sum of Rs. 14,500/- was given by plaintiff to the defendant on credit. The defendant after some days again contacted plaintiff and requested that his business is not going on properly and he is in need of some more money so that he may streamline his business and the condit