MAMTA GHOSH Vs. TAPAS KUMAR GHOSH

JUDGEMENT

(1.) Money Suit No. 945/2007 has been instituted by the opposite party against the Petitioners claiming a decree for Rs. 49,000/- together with interest @ 12% p.a. for Rs. 64,390/- and further interest @ 12% p.a. till realisation of the entire amount.

(2.) The plaint reveals that the Petitioners approached the opposite party on diverse dates for loan to help them tide over financial crisis. In pursuance thereof they were advanced loan in phases totaling Rs. 70,000/- (approx.), the last of which was Rs. 10,000/- on December 6, 2000. However, only Rs. 21,000/- had been repaid in installments by the Petitioners. In paragraph 38 of the plaint, it has been averred that the Petitioners made the last payment of Rs. 3,000/-on April 8, 2005. Repeated persuasions on the part of the opposite party having failed to yield any result, the suit was presented in December, 2007.

(3.) The Petitioners after entering appearance in the suit had filed a petition under Order VII Rule 11 of the Code of Civil Procedure (hereafter the Code) read with Section 151 thereof. It was contended therein that the opposite party had never advanced any loan and the plea that he lent money is absolutely vexatious. It was also contended that the claim is barred by limitation and, therefore, the plaint ought to be rejected.