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2017 Supreme(Tri) 101

S.TALAPATRA
Branch Manager – Appellant
Versus
Jayanta Deb, son of Sri Satyendra Deb – Respondent


Advocates Appeared:
For the Appellants :Mr. A. Lodh, Advocate
For the Respondents:Mr. D. R. Choudhury, Advocate, Mr. H. Laskar, Advocate,

Judgment and Order :

1. Heard Mr. A. Lodh, learned counsel appearing for the appellants, Tripura Gramin Bank as well as Mr. D. R. Choudhury, learned counsel appearing for the respondent No. 1 and Mr. H. Laskar, learned counsel appearing for the respondents No. 2-3.

2. This is an appeal under Section 100 of the CPC from the judgment dated 30.08.2013 delivered in Title Appeal No. 04 of 2011 by the Addl. District Judge, No. 3, West Tripura, Agartala. By the order dated 30.04.2014 the following substantial questions of law were framed by this Court for hearing of this appeal:

(i) Whether the bank can proceed against the guarantor first, without proceeding against the loanee towards realization of money extended as loan?

(ii) Whether the judgment and decree passed by the first appellate Court suffers from perversity?

Even though leave has been given to the appellants, but Mr. Lodh, learned counsel has categorically submitted that he will not raise any further substantial question of law.

3. This appeal has been filed against the judgment of reversal. The suit was instituted by the respondent No.1 in the Court of the Civil Judge, Jr. Division, Bishalgarh, West Tripura being T.S. 27 of 2008 for





































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