G.D.SAXENA
Nandlal – Appellant
Versus
Sureshchand Rathi – Respondent
G.D. Saxena, J.
This appeal u/s 96 of the CPC 1908 has been preferred by the defendant/appellant against a judgment and decree dated 18th August 2010 rendered in Civil Suit No. 14B/2008 by the District Judge Shivpuri (M.P.) thereby decreeing the suit against him for recovery of Rs. 60,870/- with 6% simple interest as well as costs of the suit proceedings. Brief facts of the case are that on 26th April 2007, the plaintiff/respondent advanced loan of Rs. 51,500/- with monthly interest @ 1% to the defendant/appellant for his agricultural and personal use. For satisfaction of the debts, the defendant executed a promissory note in the presence of the two witnesses in favour of the plaintiff/creditor. It is stated that after repeated oral demands/requests and even on notice when the debtor/defendant did not return the advanced loan amount and accrued interest, the creditor/plaintiff instituted a suit against him for recovery. The defendant/appellant by submitting the written-statement denied the averments of the plaint. He further denied of taking the amount of Rs. 51,500/- against loan for his agricultural and personal use for which the alleged promissory note was executed by h
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