S P GHOSH @ SHYAMAPADA GHOSH Vs. TARAPADA BHOWMICK

JUDGEMENT

(1.) THIS is an appeal arising out of the judgment and decree dated November 30, 2006 passed by the Learned Civil Judge (Senior Division), 2nd Court, Howrah, in Money Suit No. 16 of 2004 whereby the Learned Judge dismissed the suit filed by the appellant/plaintiff.

(2.) THE case of the plaintiff is that he used to visit Roychak in Dimond Harbour very often for leisure purpose. He used to put up in hotel Roychak which was run by the defendant nos. 1 and 2 who are husband and wife. In course of frequent visit a good relationship grew up between the plaintiff and his wife and the defendants. The defendants in order to develop their hotel business approached the plaintiff for financial accommodation/loan without interest. Out of good faith the plaintiff granted loan to the defendants from time to time between 18th February, 1997 and 23rd April, 1999 aggregating Rs. 6,71,782/ -. Out of this amount the defendants have repaid only a sum of Rs. 8,000/ - leaving Rs. 6, 63,782/ - outstanding. However, a sum of Rs. 25,000/ - was paid by the defendants on account of interest. From time to time the plaintiff requested the defendants to repay the said amount and the defendants meted out an assurance that the same would be paid soon. By letters dated 10th July, 2001, 26th July, 2001, 1st September, 2001, 2nd September, 2001 and 9th September, 2001 the defendants acknowledged receipt of the loan from the plaintiff and promised to repay the same. However, in fact, the defendants failed, neglected and refused to repay the loan amount. After waiting for long the plaintiff served a lawyer's notice on the defendants dated 2nd July, 2004 and, thereafter, filed the suit for recovery of the loan amount.

(3.) THE Trial Judge held that WBFC is a necessary party to the suit and in its absence no decree can be passed. It was further held that plaintiff's claim was barred by limitation. The learned Judge dismissed the suit.