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2011 Supreme(Cal) 456

S.K.MUKHERJEE, TARUN KUMAR GUPTA
Sitaram Poddar – Appellant
Versus
Bhagirath Choudhary – Respondent


Advocates Appeared:
Debjit Mukherjee, S.K. Poddar

JUDGMENT

Mukherjee, J.

1. THIS is an appeal against judgement and decree dated September 4, 2006 passed by the learned Civil Judge (Senior Division), second Court at Alipore, District South 24 Parganas in Money Suit no. 16 of 2004. The learned Judge by the impugned judgement and decree dismissed the said suit ex parte.

2. THE plaintiff instituted this suit for recovery of Rs. 2, 37,690/- (Rupees two lakh thirty seven thousand six hundred ninety) only and for recovery of pendente lite interest and interest on judgment.

The plaintiff in his plaint contended that the defendants were the next door neighbour of the mother of the plaintiff and as such they were known to the plaintiffs. The defendants approached the plaintiff for loan for the marriage of the youngest daughter of the defendant No. 1. The defendant Nos. 2 and 3 were the sons of the defendant No. 1. The plaintiff, at the instance of his mother, lent Rs. 98,000/- (Rupees ninety eight thousand) only to the defendants on or about September 17, 2002 at the residence-cum-office of the plaintiff at 64, Sarat Bose Road, Kolkata. The defendant No. 1 undertook to transfer some bastu land in front of the dwelling house of the plaintiff

























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