JUDGEMENT
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(1.)This is an appeal against the judgment and decree passed on 31-7-1996 by Shri T. D. Rinzing, District Judge, South and West in Civil 1st Appeal No. 2 of 1993 arising out (of) judgment and decree passed on 4-9-1993 by Mrs. M. Rai, Civil Judge, East in Civil Suit No. 9 of 1985.
(2.)The fact, in short, is that the Plaintiff gave a loan of Rs. 5,000/- on 12-2-1981 to the Defendant. A document was signed by the Defendant to that effect and it was agreed upon that the Defendant would reply the amount within a month therefrom. As the Defendant neglected to repay any amount within the stipulated period in spite of repeated verbal requests the plaintiff sent a letter of request or demand by registered post. This also could not fetch any result and, therefore, the Plaintiff sent a notice through his lawyer on 7-11-1984 demanding principal amount with interest thereon.
(3.)In the written statement the Defendant refuted the contention of the plaintiff. The case of the Defendant is that the Plaintiff himself took a loan of Rs. 7,000/- on 11-6-1980 from the Defendant. Out of the said amount a sum of Rs. 5000/- was repaid on 12-2-1981 leaving a balance of Rs. 2000/-. As the plaintiff insisted upon, the Defendant executed a receipt acknowledging receipt of Rs. 5000/- to the Plaintiff.
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