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2009 Supreme(MP) 554

SHANTANU KEMKAR
Omprakash – Appellant
Versus
Krishnalal – Respondent


Advocates:
G.M. Agrawal for applicant; Lokesh Metha for respondent.

ORDER

1. This revision has been filed by the plaintiff under section 115 of the Code of Civil Procedure challenging the judgment and decree dated 5.12.2008 passed by First Additional District Judge, Khargone in Regular Civil Appeal No.7 - B/08 setting aside the judgment and decree dated 9.5.2008 passed by Civil Judge Class-II in Civil Suit No. 2-B/06.

2. On 6-1-2006 the applicant/plaintiff filed a suit against the non-applicant/defendant for recovery of Rs. 20,000/- with interest on the basis of 'Kararnama' dated 10.12.2002 (Ex.P/1) executed between the plaintiff and the defendant.

3. As per the plaint averments and the condition of the 'Kararnama' (Ex. P11) amount of Rs. 20,000/- was lent by the plaintiff to the defendant for his personal needs for a period of one year and the amount was to be repaid with interest @ 24% per annum by the defendant within one year. However is the amount was not repaid by the defendant in spite of demand, the suit as foresaid was filed.

4. The suit was contested by the defendant. The trial Court framed issues and after appreciation of the evidence led by the parties decreed the plaintiffs unit with interest at the rate of 12% per annum from the d



















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