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2018 Supreme(Gau) 1563

PRASANTA KUMAR DEKA
Khehuli Zhimomi – Appellant
Versus
Khetoni Chishi – Respondent


Advocates Appeared:
For the Appellant : Mr. Imti Longjem, Ms. Esther, Ms. Vintoli, Mr. Lhousino
For the Respondent: Mr. P.B. Paul, Mr. Pfosekho and Mr. Hetoka

JUDGMENT :

1. Heard Ms. Esther, the learned counsel for the appellants. Also heard Mr. Pfosekho, the learned counsel for the respondent Nos. 1 to 10.

2. This is a second appeal under section 100 of the Code of Civil Procedure, 1908 against the judgment and order dated 21.12.2016 passed by the learned Civil Judge (Senior Division), Dimapur in Civil Appeal No. 1/2015. The present respondents as the petitioners approached the pro forma respondent, i.e., the Padumpukhuri Village Council for recovery of debts as claimed by them from the present appellant No. 1. The respondents also asked the appellant No. 1 to give an undertaking for repayment of loan. As such on 28.3.2015, the appellant No. 1 gave an undertaking to repay the debts to the respondents within a period stipulated by the Village Council. The said Council vide judgment and order dated 1.6.2015 decided that the appellant No. 1 owed principal amount of Rs. 1,04,50,000/- to the respondents. The appellant No. 1 was directed to repay the amount to the respondents within a period of one year and the breakup of the said amount to be repaid was in installments as per the finding of the Village Council. It would not be out of place to




















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