T.VAIPHEI, S.C.DAS
Manindra Kishore Paul, S/o Lt. Ashwini Kumar Paul – Appellant
Versus
Badal Ch. Das, S/o Lt. Chandi Charan Das – Respondent
Das, J.
This appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 15.09.2012 passed by learned Civil Judge, Sr. Div. Kailashahar, North Tripura (now Unakoti) in Money Suit No. 01/2011.
2. Heard learned senior counsel, Mr. S Deb assisted by learned counsel, Mr. P Roy Barman for the appellant and learned senior counsel, Mr. SM Chakrborty assisted by learned counsel, Ms P Sen, for the respondent.
3. The respondent, as plaintiff (hereinafter mentioned as 'plaintiff') instituted Money Suit No.1/2011 against the appellant, as defendant (hereinafter mentioned as 'defendant') seeking a decree for an amount of Rs.13,50,000/- with interest thereon.
4. The case of the plaintiff in short was that he was a businessman by profession and the defendant was a contractor and they were known to each other. On 09.01.2008 the defendant approached the plaintiff to advance a loan of Rs.6,25,000/- to facilitate him in executing a contract work with an assurance to pay back the amount within six months. The plaintiff agreed and on 10.01.
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A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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