1. This Civil First Appeal is directed against the judgment and decree
dated 25 July 2011, passed by the learned District Judge, Budgam (“the Trial
Court”) in File No. 16/Suit titled Abdul Gani Bhat Vs. Abdul Gani Ganie
and Anr. whereby a suit instituted under Order XXXVII of the Code of Civil
Procedure (CPC) for recovery of 1.50 lacs was decreed in favour of the
plaintiff (hereinafter referred to as “respondent”) and against the defendants,
(hereinafter referred to as “appellants”).
Factual Background:
2. Briefly stated, the respondents, engaged in the fruit business claimed
to have paid 1.50 lacs to appellant No. 1 in 2004 towards supply of fruits for
the season 2004-2005. In respect of this transaction, a notarized agreement
and a Demand Promissory Note (DP Note/Hundi) dated 9 August 2004,
were executed between the parties. Appellant No. 2 stood as guarantor and
2026:JKLHC-SGR:220
undertook to repay the amount in the event appellant No. 1 failed to effect
the agreed supply.
