1. Heard Mr. Sentiyanger, learned counsel who appeared on behalf of the petitioner and also heard Mr. Elivil Zao, learned counsel who appeared on behalf of the respondent.

2. This is a civil reference arising out of Civil Appeal No.1 / 2015 pending before the learned Civil Judge (Senior Division), Kohima.

The brief facts which lead to the civil reference are briefly given hereinbelow;

The appellant / defendant in the said appeal pending before the learned Civil Judge (Senior Division), Kohima borrowed a sum of Rs. 3,55,000/- from the respondent / plaintiff in the year 2005 with interest @ 8% p.m. As claimed by the appellant, the said amount was fully paid back with the interest in the year 2006. But to his surprise on 25-11-2011, the respondent / plaintiff filed a Misc Case No. 19/2011 before the Dobashi Court, Kohima stating that though the appellant / defendant had paid back a sum of Rs. 2,10,000/- on