RATAN SARKAR Vs. SURAJIT LAHIRI

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order of remand dated 30th November, 2015 passed by the learned Additional District Judge, 7th Court, Alipore in Money Appeal No. 4 of 2011 reversing the judgement and decree dated 23rd March, 2011 passed by the learned Civil Judge (Senior Division), 7th Court, Alipore in Money Suit No. 50 of 2006 at the instance of the defendant/appellant.

(2.) Let us now consider as to whether the instant appeal has any merit for its admission under the provision of Order XLI Rule 11 of the Code of Civil Procedure or not.

(3.) The plaintiff filed a suit for recovery of money against the defendant. According to the plaintiff, the plaintiff lent some amount of money to the defendant by issuing two account payee cheques. The plaintiff claims that money which was paid by those two account payee cheques were independent of the transaction which the plaintiff entered into with Vishal Graphic Pvt. Ltd. for purchasing a flat in the building constructed by the said Company. The defendant is the Director of the said Company. Since the said loan amount has not been repaid by the defendant, the plaintiff filed suit for recovery of money together with interest.