- (1.) Cm No. 6067.C of 2012 Allowed as prayed for. CM No. 6069.C of 2012 The application is allowed and Annexures P/l and P/2 are taken on record subject to all just exceptions. RSA No. 2174 of 2012 1. Defendant Saroj Saini having lost in both the courts below has filed this second appeal. Respondent - plaintiff Saroj Bala filed suit against defendant - appellant for recovery of Rs. 49,000/- alleging that the defendant borrowed Rs. 49,000/- from the plaintiff vide agreement dated 15.3.2001 and agreed to repay the same upto 14.3.2002, failing which the defendant also agreed to pay interest @ 18% per annum. The defendant failed to repay the amount as agreed, necessitating the filing of the suit. The defendant denied the plaint averments.
(2.) The defendant denied having taken any loan from the plaintiff or having executed any agreement. It was pleaded that the agreement is false and fabricated document. Various other pleas were also raised.
(3.) Learned Civil Judge (Junior Division), Ambala City vide judgment and decree dated 28.1.2010 decreed the plaintiffs suit for recovery of Rs. 49,000/- with interest thereon @ 6% per annum till recovery. First appeal preferred by defendant has been dismissed by learned Additional District Judge, Ambala vide judgment and decree dated 10.3.2012. Feeling aggrieved, defendant has filed this second appeal.;