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2015 Supreme(Tri) 299

U.B.SAHA
Lakshmi Kanta Bhattacharjee – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mr. S.M. Chakraborty, Senior Advocate.

ORDER :

1. This appeal under Section 100 of the Code of Civil Procedure is against the judgment and decree dated 27.06.2006 passed in Money Appeal No. 2 of 2005 by the learned Additional District Judge, North Tripura, Dharmanagar whereunder the learned Additional District Judge affirmed the judgment and decree dated 08.09.2005 and 16.09.2005 respectively passed by the learned Civil Judge, Senior Division, North Tripura, Dharmanagar in Money Suit No. 1 of 2004 dismissing the suit of the appellant.

2. At the time of admission of this appeal, following substantial questions of law were framed:

(i) Whether both the learned Appellate Court and the trial Court erred in law while passing the impugned judgment by misinterpreting and misconstruing the document marked Exbt.D dated 09.08.1999 issued by the respondent No. 3, or not?

(ii) Is the suit not maintainable on the ground of existence of the arbitration clause in the contract agreement between the parties?

3. There is no dispute that the suit instituted by the appellant was for realization of the amount of Rs. 1,74,215/- for which a bill was submitted through Junior Engineer, Public Health Engineering, Sub-Division No. IV to the Assistan





















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