- (1.) Plaintiff M/s Sahil Capital Services Limited having been non-suited by both the courts below has filed this second appeal. Plaintiff-appellant filed suit against defendant/ respondents M/s H. Arora and Company through Proprietor Harnish Kaur Arora (defendant no. 1) and Harnish Kaur Arora, Proprietor M/s H. Arora and Company (defendant no. 2) for recovery of Rs.17 lacs alleging that the defendants borrowed Rs.12,50,000/- from the plaintiff through cheque dated 27.1.1996 and agreed to repay the same with interest @ 12% per annum but failed to repay the same. Accordingly, the plaintiff sought recovery of Rs.12,50,000/- as principal loan amount and Rs.4,50,000/- as interest till filing of the suit, thereby claiming total amount of Rs.17 lacs.
(2.) The defendants broadly denied the plaintiff's averments. Defendants denied having taken loan from the plaintiff. It was pleaded that the plaintiff gave the amount of Rs.12,50,000/- to the defendants for purchase of shares and accordingly defendants got purchased shares worth Rs.12,50,000/- along with transfer deeds to the entire satisfaction of the plaintiff and therefore, nothing is due from the defendants to the plaintiff. No replication was filed by the plaintiff to controvert the assertions made on behalf of the defendant-respondents in the written statement.
(3.) From the pleadings of the parties, following issues were framed by the trial Court:- "1. Whether the plaintiff is entitled to recover Rs.17,00,000/- as alleged OPP 2. Whether the plaintiff is entitled to charge future interest @ 12% per annum as claimed OPD 3. Whether the suit is not maintainable in the present form OPD 4. Whether the plaintiff is guilty of suppressing the material facts and misrepresenting the facts, if so, its effect OPD 5. Whether the plaint is not verified according to law OPD 6. Whether the suit is liable to be dismissed under Order 7 Rule 11A CPC OPD 7. Whether the plaintiff has got no cause of action OPD 8. Relief.";