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2022 Supreme(Gau) 881

AJIT BORTHAKUR
Madan Ch. Nath – Appellant
Versus
Pampa Ghosh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A.R. Sikdar.
For the Respondent: Z. Hussain.

JUDGMENT :

AJIT BORTHAKUR, J.

1. Heard Mr. A.R. Sikdar, learned Counsel for the appellant/plaintiff and Mr. Z. Hussain, learned counsel for the respondents/defendants.

2. This appeal under Section 100 of Code of Civil Procedure (for short ‘CPC’) has been preferred against the impugned Judgment and Decree, dated 02.03.2017, passed by the learned Civil Judge, Darrang at Mangaldai in Money Appeal No. 1/2016, thereby reversing the Judgment and Decree, dated 05.03.2016, passed by the learned Munsiff No. 2, Darrang at Mangaldai in favour of the appellant/plaintiff in Money Suit No. 14/2012.

3. The case of the appellant/plaintiff is that he instituted a money suit being Money Suit No. 14/2012 before the learned Munsiff No. 2, Darrang at Mangaldai against the present respondents/defendants for recovery of Rs. 2,000,00/- (Rupees Two Lakhs) (Rs. 1,80,000/- principal and Rs. 20,000/- interest), which amount the husband (since deceased) of the respondent No. 1/defendant No. 1 and father of respondent No. 2/defendant No. 2 Late Dilip Ghosh borrowed for the purposes of development of his business establishment and for his treatment in Mumbai by executing two hand-notes, dated 01.05.2010 and 30.12.20

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