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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Prasanta Saha, S/o Prabir Kr. Saha – Appellant
Versus
Biplab Kumar Chetia, S/o. Late Dr. Bipin Chetia – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. B.K. Bhagawati, learned counsel for the appellant and Mr. S.P. Choudhury, learned counsel for the respondent.
2. In this appeal, under Order 41 Rules 1 & 2 of the CPC, the appellant has put to challenge the correctness or otherwise of the Judgment and Decree dated 30.03.2017, passed by the learned Civil Judge No. 2, Kamrup (M) at Guwahati (trial court hereinafter), in Title Suit No. 229/2010.
3. For the sake of convenience and to avoid confusion, the name of the parties appeared in the said title suit is adopted herein also.
4. It is to be noted here that vide impugned Judgment and Decree dated 30.03.2017, the learned trial court had dismissed the suit of the plaintiff, wherein the plaintiff had prayed for the outstanding amount of Rs.57,56,699/- along with interest @ 15% per annum.
Background Facts:-
5. The background facts, leading to filing of the present appeal, are adumbrated herein below:-
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