- (1.) Cm No. 5987-C of 2016 This application has been filed under Section 5 of the Limitation Act for condonation of delay of 69 days in filing the present appeal. Heard on the application. In view of the reasons mentioned in the application, the application stands allowed and the delay of 69 days in filing the present appeal is hereby condoned. R.S.A No.2291 of 2016(O&M) The present appeal has been preferred by appellant-plaintiff against the judgment and decree dated 17.10.2015 passed by learned District Judge, Ludhiana, vide which the appeal filed against the judgment and decree dated 26.07.2013 passed by the learned Civil Judge (Junior Division), Ludhiana, has been dismissed.
(2.) For the sake of convenience, the status of the parties is being mentioned as in the original suit.
(3.) As per the case of the appellant-plaintiff, defendantsrespondents Krishan Lal (deceased) and Charanjit Kaur approached the plaintiff for grant of loan of Rs. 15,000/- on 10.09.2000. The said loan was advanced to the defendants. In consideration thereof, deceaseddefendant Krishan Lal executed the pronote and receipt and defendants agreed to repay the said loan amount along with interest @ 2 % per month. They also handed over the FDR no. 1889, dated 28.05.1998 worth Rs. 12,500/- drawn at P.S.B Housing Finance Ltd as a security. Defendants failed to repay the loan amount despite demand by the plaintiff. On 27.03.2003, defendant no.2-Charanjit Kaur made the part payment of Rs. 2000/- to the plaintiff, regarding which the plaintiff issued the receipt. Defendant no.1 also made the payment of Rs.1500/- out of the said loan amount against the proper receipt. But, the defendants failed to repay the balance amount. Hence, the suit.;