ARINDAM GHOSH Vs. ABHIJIT DEBNATH

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dtd. 25/8/2015, 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 dtd. 7/7/2014, 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.43,250.00 from the appellant (hereinafter referred to as the defendant). In the plaint, the following reliefs are sought for:

(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.43,250.00 (Rupees forty three thousand two hundred fifty) as on 4/8/2009. The plaintiff made repeated requests for payment of the said sum of Rs.43,250.00 and also sent a letter to the defendant to pay the same when the defendant by his reply dtd. 20/2/2012 requested the plaintiff to accommodate some reasonable time for payment of the said amount with a further request to give details of the aforesaid amount. Accordingly, the plaintiff on 16/3/2012 as per his accounts books made all the details available to the defendant. Since the defendant did not pay any amount, the plaintiff again sent a letter on 5/6/2012 requesting to make the payment of dues within 7(seven) days from the date of receipt of the said letter but no payment was made. Ultimately, the plaintiff issued a demand notice on 4/7/2012 and on receipt of the said notice, the defendant replied that the plaintiff is not entitled to get Rs.43,250.00.