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2012 Supreme(Gau) 844

U.B.SAHA
Milan Kanti Das – Appellant
Versus
Pandav Chandra Paul – Respondent


Advocates Appeared:
Advocates appeared for the Petitioner: Mr. B.Banerjee , Mr. R. Majumdar
Advocates appeared for the Respondent: Mr. P.Roy Barman , Mr. S. Bhattacharjee

U. B. Saha, J.:—

Money Suit being M.S. No. 11 of 2006 was instituted in the Court of the learned Civil Judge, Sr. Div. Court No.1, Agartala, West Tripura by the respondent-plaintiff-decree holder against the petitioner-defendant-judgment debtor, for realization of an amount of Rs. 2,50,000/- only with interest. The said suit was contested by the petitioner by way of filing written statement. After careful consideration of the pleadings of the parties, the learned Civil Judge, Sr. Div. framed issues and ultimately decreed the suit stating, inter alia, that the entitlement of the plaintiff for realization of the sum of Rs. 2,20,000/- is hereby declared and he shall realize the sum of Rs. 2,20,000/- from the defendant accordingly, i.e. the defendant shall pay Rs. 2,20,000/- to the plaintiff and the defendant shall also pay the interest on the aforesaid amount @ 6% p.a from the date of filing of the suit till the date of his making payment and also awarded a cost of Rs. 8,691.25 paise.

2. After passing of decree by the learned Civil Judge, Sr. Div. in the aforesaid suit the respondent has filed an Execution Case by way of filing a petition under Order XXI Rule 11 of the Civil Procedure C























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