- (1.) For the reasons recorded in the application bearing CM NO. 1837-C of 2016, which is supported by an affidavit, delay of 89 days in filing the appeal is condoned. CM stands disposed of. Main Appeal Challenge in the present Regular Second Appeal is to the judgment and decree dated 29.7.2015 passed by Additional District Judge, Chandigarh, whereby the suit filed by Hari Krishan, plaintiff was decreed while reversing the judgment and decree dated 3.5.2014 passed the Court of first Instance.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case for the purpose of decision of this appeal; that the plaintiff had filed a suit for recovery of Rs.40,000/- on account of Principal and interest, on the ground that the defendant No.1 had obtained loan of Rs.45,000/- on 11.10.2002 and in consideration thereof, he had executed agreement as well as other necessary document. Defendants No. 2 to 4 stood guarantors for defendant No.1. Thereafter, re-payment was not made as per financial discipline laid-down between the parties. Legal notice was also issued on 10.9.2005, but the defendants failed to make re-payment and as such suit before the Court of first instance.;