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2005 Supreme(Gau) 625

B.P.KATAKEY
Debasish Basu – Appellant
Versus
Jayanta Bikash Dhar – Respondent


Advocates Appeared:
K.Maiumdar, D.B.Sen Gupta, S.Deb , R.B.Sinha , D.Dutta

B.P. KATAKEY, J.—

This revision petition is directed against the order dated 28.2.2005 passed by the learned Civil Judge (Senior Division), North Tripura, Kilashahar in Money Suit No. 2 of 2003 di recting that the question of territorial jurisdic tion raised by the defendant revision-petitioner shall be decided at the time of final hearing after taking evidence from both the sides.

2. The fact leading to the filing of the present revision petition is that the respon dent filed Money Suit No. 2 of 2003 against the petitioner as defendant in the court of Civil Judge (Senior Division), North Tripura, Kailashahar praying for passing a decree for Rs. 4,30,000/- along with further compensa tion @ 18% per annum against the outstand ing dues/debts payable by the defendant to the plaintiff, stating, inter alia, therein that the defendant issued a cheque dated 18.2.2000 in favour of the plaintiff on State Bank of In dia, Kailashahar Branch amounting to Rs. 4,30,000/-, which cheque was bounced on 2.6.2000. It has further been averred in the plaint that the plaintiff also instituted a crimi nal case in the Court of the learned Chief Ju dicial Magistrate, Agartala West Tripura un der Section 138


















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