1. Being aggrieved by the judgment and decree dated 31.10.2007 passed by Second Additional District Judge, Dewas in Civil Suit No. 4 -B/2007, whereby the suit filed by the respondent for realization of Rs. 2,33,920/- was decreed in part and a sum of Rs. 1,36,000/- was awarded alongwith interest @ 9% P.A. w.e.f. 16.12.2003, the present appeal has been filed.

2. Short facts of the case are that the respondent filed a suit against the appellant on 15.12.2006 for realization of Rs. 2,33,920/- alleging that appellant was in need of money hence respondent lent a sum of Rs. 1,36,000/- to the appellant on 16.12.2003. It was alleged that appellant executed promissory note in favour of respondent whereby appellant agreed to repay the loan amount alongwith interest @ 36% P.A. It was alleged that as per the promissory note appellant agreed to repay the amount alongwith interest. Further case of the respondent was that respondent issued a notice to the appellant on 24.11.2006, which was duly received by Ramprasad who is living with the appellant. It was alleged that inspite of notice the loan amount alongwith interest was not paid to the respondent. It was alleged that respondent is