Mr. S. Serto, J.

Heard Mr. Sentiyanger, learned counsel who appeared on behalf of the petitioner and also heard Mr. Elivil Zao, learned counsel who appeared on behalf of the respondent.

2. This is a civil reference arising out of Civil Appeal No. 1/2015 pending before the learned Civil Judge (Senior Division), Kohima.

The brief facts which lead to the civil reference are briefly given herein below;

The appellant/defendant in the said appeal pending before the learned Civil Judge (Senior Division), Kohima borrowed a sum of Rs. 3,55,000/- from the respondent/plaintiff in the year 2005 with interest @ 8% p.m. As claimed by the appellant, the said amount was fully paid back with the interest in the year 2006. But to his surprise on 25-11-2011, the respondent/plaintiff filed a Misc Case No. 19/2011 before the Dobashi Court, Kohima stating that though the appellant/defendant had paid back a sum of Rs. 2,10,000/- on three different occasions he was yet to pay back the balance amount, therefore, he was liable to repay the same. On 22-05-2013, the Dobashi Court, as claimed by the appellant, without taking any evidence passed an order dated 22-05-2013 which is given here below:-

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