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2016 Supreme(Cal) 863

SAMAPTI CHATTERJEE
Joydeb Dutta – Appellant
Versus
Atin Law – Respondent


Advocates Appeared:
For the Petitioner: Mr. Swapan Kumar Mullick, Supratim Laha, Ms. Soma Roy
For the Opposite Party : Mr. Abhijit Roy

JUDGMENT :

1. The petitioner has filed the present revisional application assailing the order no. 41 dated 16th April, 2015 passed by the Learned Judge, 10th Bench, City Civil Court, Calcutta in Money Suit No.609 of 2009 thereby rejecting the petitioner’s application under Order 26 Rule 10A (1) read with Section 151 of the Civil Procedure Code for appointment of handwriting expert.

2. The brief case of the petitioner is as follows :

That the opposite party in the year 2009 filed a suit against the petitioner before the Learned 3rd Bench, City Civil Court at Calcutta under provision of Order 37 of the Civil Procedure Code registered as Money Suit No.609 of 2009 for reliefs interaila for a decree of principle amount of Rs.1,99,000/- as per statement of account.

3. It was alleged in the suit that the plaintiff/opposite party has given a loan for sum of Rs.2,00,000/- to the petitioner with the understanding to repay the said amount within 15 months at a monthly installment of Rs.13,333.33 paise.

4. It was further alleged that the petitioner made a sum of Rs.1000/- only on 29th August, 2006 after repeated demand by the plaintiff/opposite party. Against the said Money Suit the petitioner subm





























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