JUDGMENT :

Heard Mr. I.H. Laskar, learned counsel representing the appellant as well as Mr. N. Dhar, learned counsel appearing for the respondents.

2. This is a Regular Second Appeal under Section 100 of the Code of Civil Procedure (CPC) whereby the judgment and decree dated 29.09.2007 passed by the court of learned District Judge, Hailakandi in Money Appeal No.34/2006, setting aside the judgment dated 04.02.2005 and the decree dated 05.02.2005 passed by the court of learned Civil Judge, (Sr. Divn.), Hailakandi in Money Suit No.26/2001, is under challenge.

3. Md. Faizul Haque Choudhury filed the Money Suit against the respondent Abdul Rauf Borbhuiyan for recovery of Rs.90,000/-. The case of the appellant is that on 13.09.2000, the respondent had executed a hand note and thereby borrowed Rs.90,000/-from him. The appellant claimed that after repeated demands, the money was not returned to him.

4. The respondent’s case is that on 16.09.2001, he was kidnapped by the appellant and after that he was taken to the house of Samsuddin Mazumdar. There, he was forced to put his signature upon revenue stamps, which were pasted on a blank paper.

5. According to the respondent, on 17.09.2001, he filed