- (1.) DEFICIENCY in Court is said to have been made good. The application stands disposed of accordingly. Main Appeal Defendant-Krishanpal Singh, having failed in both the Courts below, has filed the instant second appeal Respondent-plaintiff-Roop Singh filed suit against defendant-appellant for recovery of Rs.44,500/-alleging that the defendant on 20.06.2004 borrowed Rs.40000/- from the plaintiff and agreed to repay the same with interest at the rate of 1.25% per month i.e 15% per annum and executed pronote-cum-receipt for the same, but the defendant failed to repay the same. Plaintiff claimed Rs.40000/- as principal amount and Rs.4500/- as interest which comes at the rate of 9% per annum only.
(2.) THE defendant broadly denied the plaint allegations and raised certain preliminary objections. Learned Civil Judge (Junior Division), Faridkot vide judgment and decree dated 25.01.2008 decreed the plaintiff's suit for recovery of principal amount of Rs.40000/- along with interest thereon at the rate of 9% per annum from the date of pronote and receipt till date of decree and future interest at the rate of 6% per annum from the date of decree till recovery. First appeal preferred by the defendant has been dismissed by learned District Judge, Faridkot vide judgment and decree dated 10.06.2008. Feeling aggrieved, defendant has filed the instant second appeal.
(3.) I have heard learned counsel for the appellant and perused the case file.;