Sri. P. Nishan Unni., learned counsel for the appellant has

appeared in person.

2.

This is an appeal from the Court of Principal District

Judge, Chikmagalur.

3.

For the sake of convenience, the parties are

referred to as per their status and rankings before the Trial

Court.

4.

The brief facts are these:

It is stated that on 08.10.2002, the defendant borrowed a

sum of Rs.40,000/- (Rupees Forty Thousand only) from the

plaintiff and agreed to repay the same with interest at the rate

of 21% per annum and accordingly executed an on-demand

promissory note and cash consideration receipt in favor of the

plaintiff. It is said that despite repeated demands the defendant

did not repay the amount. Hence, the plaintiff issued a legal

notice on 01.09.2004 asking the defendant to repay the

amount, but in vain. Hence, the plaintiff was constrained to

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take shelter under the Court of law and initiated action for

recovery of money.

After the service of the suit summons, the defendant

appeared through his counsel and filed a written statement.

The defendant denied the plaint averments. He contended that

he never borrowed the amount from the plaintiff and never

agreed to repay the same. Acco