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2023 Supreme(Pat) 998

SUNIL DUTTA MISHRA
Jinendra Chand Suchanti – Appellant
Versus
Arbind Kumar – Respondent


Advocates Appeared:
For the Petitioners: M/s Raj Kishore Prasad Singh, Bal Bhushan Chaudhary.
For the Opp. Parties : Ms. Meeta Sinha.

Sunil Dutta Mishra, J. – Heard learned counsel for the parties and perused the record.

2. This Civil Revision Application is directed against the judgment dated 27.09.2011 passed by learned Additional District Judge F.T.C. No.1, Nalanda at Bihar Sharif in Misc. Appeal No.07 of 1995 filed by the petitioners against the order dated 15.05.1995 passed by learned Sub-Judge -I, Biharsharif in Misc. Case No.50 of 1985 by which the said Misc. Appeal has been dismissed.

3. Petitioners are heirs of judgment debtor and Opposite Party Nos.1 & 2 are heirs of decree holder. Opposite Party No.3 is auction purchaser.

4. The brief facts of the case are that grandfather of opposite party nos.1 & 2 Sri Khaderan Lal was a money lender who advanced loan to the grandfather of the petitioners namely Jawahar Lal Suchanti on the basis of a demand promissory note for Rs.3,000/- dated 26.07.1969. The said Khaderan Lal filed Money Suit No.410 of 1972/ 20 of 1978 for realization of the loan amount of Rs.3,000/- against the father of petitioners as their grand-father by that time had died. The said money suit was dismissed on contest by the learned Munsif, Biharsharif. Thereafter, the plaintiff preferred Money App

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