JUDGMENT

By the Court:—Heard the parties.

2. This Second Appeal, under Section 100 of the Code of Civil Procedure, has been filed against the judgment and decree dated 01.06.2007 passed by learned 1st Additional District Judge, Garhwa in Title Appeal No.13 of 2006 whereby and where under by the judgment of reversal, the learned First Appellate Court has allowed the appeal and set aside the judgment and decree passed by the Munsif, Garhwa in Title Suit No.03 of 2001 by which the learned Munsif, Garhwa dismissed the suit of the plaintiff on contest.

3. The case of the plaintiff in brief is that the plaintiff took Rs.23,000/- from the defendant on 24.06.1998 with a promise to return the money by 15.07.1998. In the meanwhile, the plaintiff returned some money to the defendant and when the question for returning the remaining money arose, the defendant adjusted the money paid by the plaintiff to him towards the interest and again demanded Rs.23,000/- to settle the dispute between the plaintiff and the defendant. In this respect, Panches were nominated and the parties became ready to refer the matter before Panches. It is further the case of the plaintiff that on 13.09.1998, the Panches f