THE MANAGER Vs. NANDI & NANDI

JUDGEMENT

(1.) THIS appeal under Section 96 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 30.07.2011, passed by learned Civil Judge, Sr. Division, Court No. 1, West Tripura, Agartala in Money Suit No. 29/2007.

(2.) HEARD learned counsel Mr. Ramendra Chakraborty for the appellants and learned counsel Mr. T.K. Dey for the respondent.

(3.) THE defendant -appellants contested the suit by filing written statement contending that because of financial hardship for years together, the dues could not be paid by the defendants and the claim of the plaintiff of business loss @20% per annum and Rs. 5000/ - towards expenses for claiming the amount as well as the claim of interest was not tenable and hence, decree as prayed for should not be passed. It is also contended by the defendants that the State has not been made a party and therefore, the suit was not maintainable.