JUDGEMENT AND ORDER (CAV)

1. This appeal was admitted on the following substantial question of law:

"Whether the Money Suit No. 02/2014 filed by the respondents/plaintiffs against the appellant/defendant in the facts and circumstances of the agreement, 16.10.2012(Ext. 1) and on the failure to abide by the agreement, dated 16.10.2012, by the respondents/plaintiffs;

the decree drawn in the Money Suit No. 02/2014 pursuant to judgment, dated 15.03.2021, passed by the Court of the learned Civil Judge, Goalpara, is sustainable in law?"

Factual Matrix

2. The appellant in this case is Khurshida Ahmed, who was the defendant in the original Money Suit No.2/2014. The respondent is the original plaintiff Md.Enuish Ali whereas proforma respondent Nos. 2 and 4 are Sayed Ali and Sriram Transport Finance Corporation, Bongaigaon. The name of the respondent No.3, Ali Driver was struck off vide order of this Court dated 01.04.2024. The plaintiff and the defendants will be referred to according to their original standing in the original Money Suit No.2/2014. A Money Suit No.2/2014 was brought up by Md.Enuish Ali and Khurshida Ahmed, who is the present appellant and was arrayed as defendant No. 1 whereas th