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2019 Supreme(Tri) 10

ARINDAM LODH
Arindam Ghosh, S/o Lt. Arabinda Ghosh – Appellant
Versus
Abhijit Debnath, S/o Sri Ashwini Kumar Debnath – Respondent


Advocates Appeared:
For the Appellant :Mr. P. Roy Barman, Advocate, Mr. K. Nath, Advocate.
For the Respondent:Mr. Sankar Bhattacharjee, Advocate.

JUDGMENT :

This second appeal is directed against the judgment and decree dated 25.08.2015, passed by the learned District Judge, North Tripura, Dharmanagar in Money Appeal No. 01/2014 wherein the learned Appellate Court has set aside the judgment and decree dated 07.07.2014, passed by the learned Civil Judge, Jr. Division, Dharmanagar in M.S. 01/2013.

2. The respondent (hereinafter referred to as the plaintiff, for convenience) instituted a money suit being No.MS 01/2013 for realization of Rs.43,250/- from the appellant (hereinafter referred to as the defendant). In the plaint, the following reliefs are sought for:

“(a) A decree for realization of money amounting to Rs.43,250/- only payable by the defendant.

(b) Interest @ 18% per annum w.e.f. 09.02.2012.

(c) Cost of the Suit

Any other relief/reliefs which the plaintiff is legally entitled to?”

3. It is the pleaded case of the plaintiff that being proprietor of “Webcom Computer” he entered into business transactions with the defendant. The defendant in course of business used to purchase computers and papers and also used to make payment against the purchase. In course of such transactions, the defendant did not pay Rs.43,250/-(Rupees fo

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