GURU PRASAD Vs. SADHU SHARAN PRASAD

JUDGEMENT

(1.) This Revision petition has been preferred against the judgment and decree passed in Money Appeal No. 3 of 1984 by which the appeal was allowed reversing the judgment and decree passed by the Munsif, Garhwa in Money Suit No. 4 of 1976.

(2.) Originally against the appellate judgment and decree. Second Appeal was preferred, but considering the pecuniary limit the Second Appeal was converted into a Civil Revision as per Order of this Court.

(3.) Plaintiff-petitioner filed the suit for realisation of Rs. 544/- from the defendant on the basis of a promissory note and a receipt in support thereof dated 9.3.1973. The plaintiff's case is that on being approached by the defendant, he had lent amount of Rs. 400/- and the defendant executed a promissory note and a receipt thereof to repay the amount of payment being made from the side of the plaintiff with an interest at the rate of Rupee 1/- per month. Before filing of the suit, plaintiff served a Pleader notice, but the defendant did not pay any head to the said demand of the plaintiff and hence the suit.