LALZAWNGLIANI Vs. F. LALHUTHANGI

JUDGEMENT

(1.) Heard Mr. Zoramchhana, learned counsel for the appellants and Mr. F. Lalengliana, learned counsel for the respondent. This is an appeal directed against the Judgment & Order dtd. 23/6/2015 passed by the Senior Civil Judge, Aizawl in Money Suit No. 131/2011 whereby, the Money Suit was allowed and the counter claim of the defendants was dismissed. Aggrieved, the defendants have filed the present appeal. For convenience, the defendants shall be referred to as appellants/defendants and the plaintiff as respondent/plaintiff hereafter.

(2.) Brief facts of the case as projected by the respondent/plaintiff before the Trial Court is that the appellants/defendants are husband and wife and the appellant No.1/defendant No.1 borrowed a sum of Rs.5.00 lakhs, 3 lakhs and another 3 lakhs on 4/8/2008, 7/8/2008 and 13/8/2008 respectively i.e., Rs.11.00 lakhs in all, from the respondent/plaintiff with a promise to return with the agreed interest. Though the amount was borrowed in the name of appellant No. 1/defendant No. 1, the amount was utilized jointly by both the appellants/defendants. It is the further case of the respondent/plaintiff that the appellant/defendant No.1 on 21/7/2011 acknowledged her liability of paying Rs.11.00 lakhs to the plaintiff/respondent in writing. The acknowledgment also stated that the amount due was taken with the knowledge and permission of the appellant No.2/defendant No.2. The respondent/plaintiff therefore amongst others, prayed for a decree to be passed in her favour, directing the appellants/defendants to repay her the borrowed sum of Rs.11.00 lakhs with interest at the rate of 20% per annum calculated from the month of August 2008 till final payment.

(3.) In response to the plaint, the defendants filed their written statement raising preliminary objection that the Suit was bad for misjoinder/ non-joinder of necessary parties and was also barred under Order II Rule 2 of the Code of the Civil Procedure, 1908 (CPC) as the Suit was based on the same cause of action on which a previous suit (Civil Suit No.92 of 2011) was filed before the same Court. On merit, the appellants/defendants denied having borrowed the money from the plaintiff/respondent and according to them it was in fact, one Smt. Zothanpuii, W/o R. Lalrinfela, Venghnuai, Aizawl whom the appellant No.1/defendant No.1 introduced to the respondent/plaintiff who had borrowed the money from the respondent/plaintiff. Smt. Zothanpuii not only borrowed money from the respondent/plaintiff but also from 17 other persons, which added up to Rs.92,75,000.00. In order to get back the aforesaid amount, the appellant No.1/defendant No.1 on behalf of all the 18 persons including the plaintiff, filed Civil Suit No. 92/2011 and that the present respondent/plaintiff was also one of the plaintiffs in the said Civil Suit. The appelants/defendants therefore made a counter claim for dismissal of the Suit for non-joinder of necessary party and also because the Suit was barred by the provision of Order II Rule 2 CPC. The defendants also prayed for a decree to the effect that the said Smt. Zothanpuii had cheated the appellants/defendants, the respondent/plaintiff and many others and therefore, she should be directed to be repay Rs.92,75,000.00 with interest at the rate of 9% per annum and also for a decree to the effect that the appellants/defendants are not liable to pay the sum of Rs.11.00 lakhs to the respondent/plaintiff. The appellants/defendants also prayed for a decree for a direction to the respondent/plaintiff to pay adequate compensation amount to Rs.15.00 lakhs to the appellants/defendants for cheating, suffering and irreparable loss etc. In response to the counter claim, the respondent/plaintiff also filed her written statement reiterating her claim made in the Money Suit.