Arun Bhansali, J. - (1.) THIS first appeal under Section 96 CPC is directed against judgment and decree dated 30.07.1996 passed by District Judge, Dungarpur, whereby, the suit filed by the respondent - Mangi Lal for recovery of a sum of Rs. 1,37,616/ - has been decreed alongwith interest @ 2% per month from the date of filing suit till payment.
(2.) THE facts in brief may be noticed thus: plaintiff - Mangi Lal filed a suit, inter alia, with the averments that on 16.09.1991 defendants Heera and Chhabi Lal executed a promissory note and receipt jointly having received a sum of Rs. 80,000/ - and agreed to pay interest @ 2% per month and, as the amount remained unpaid, after adding a sum of Rs. 57,600/ - the present suit for recovery of a sum of Rs. 1,37,616/ - has been filed. Written statements were filed by the defendants, inter alia, admitting that though pronote and receipt were executed on 16.09.1991 but no amount was paid; it was claimed that Panna Lal brother of Heera defendant No. 2 was to go to Kuwait for service and, therefore, a sum of Rs. 36,000/ - as loan was taken on 11.12.1989 and documents were executed for a sum of Rs. 40,000/ -; as Iraq attacked Kuwait resulting in difficult situation in the Gulf, Panna Lal had to return prematurely from Kuwait and under pressure, for the return of sum advanced as loan, on 16.09.1991 the promissory note was executed for Rs. 80,000/ -.
(3.) THE trial court framed two issues; as the execution of the promissory note dated 16.09.1991 was admitted, the issue was framed in respect of the defence raised and burden was placed on the defendants; both the defendants were examined and plaintiff alongwith one Yashwant Kumar were also examined.;