- (1.) THIS civil first appeal is directed against the judgment and decree dated 11/04/2014 passed by the Additional District & Sessions Judge, Gangapur City, (hereinafter referred to as 'the trial Court') in civil suit No. 42/2004 whereby, the trial Court decreed the suit for recovery of Rs. 4,35,640/ -.
(2.) BRIEFLY stated, the facts are that the plaintiff -respondent filed a suit for recovery of money against the defendant -appellant wherein it is stated that the defendant took a loan of Rs. 2,00,000/ - and Rs. 1,25,000/ - on 23/07/2001 and 30/07/2001 respectively, on these amount, interest Rs. 9,750/ - and Rs. 20,085/ - stood due against the defendant as interest respectively. Out of Rs. 20,085/ -, the defendant deposited Rs. 2,110/ - with A/c of TDS. Therefore, as on 31/03/2003, an amount of Rs. 3,52,725/ - remained due against the defendant. From 01/04/2003 till filing of the suit, an amount of Rs. 82,890/ - also remained due against the defendant towards interest. Therefore, the plaintiff has claimed a sum of Rs. 4,35,640/ - as principal amount and interest and incidental charges.
(3.) THE defendant has admitted that he took a loan of Rs. 3,25,000/ - from the plaintiff but was without any interest thereupon. The repayment of the loan amount has agreed to be made as and when the plaintiff will demand it. On the basis of the pleadings the trial Court framed the following issues: - ;