CHANCHAL SHAH Vs. AJIT KUMAR BARU

JUDGEMENT

(1.) THE appellant herein being the defendant in Money Suit No.07/1991 on the file of Civil Judge No.2 (Junior Division), Dhubri, preferred the instant appeal assailing the judgment dated 02.03.2001 and decree dated 03.04.2001 passed in Money Appeal No.02/1999 by the Court of learned Civil Judge, (Senior Division) Dhubri, dismissing the appeal preferred against the judgment and decree in the Money Suit No.07/1991, whereby and whereunder the learned First Appellate Court dismissed the appeal filed by the appellant affirming the judgment and decree passed by the learned Civil Judge No.2 (Junior Division), Dhubri. While admitting the appeal vide order dated 19.09.2001, this Court formulated the following substantial questions of law:

(2.) IN order to determine the lis between the parties and the substantial questions of law raised, the brief fact is summarized hereinbelow: The respondent herein as plaintiff filed a Money Suit No.7/1991 praying for the following reliefs:

(3.) THE parties to the suit went for trial claiming their respective claims and in the process, the plaintiff has examined two witnesses PW1 and PW2 and executed 7(seven) documents in support of plaintiff's case and defendants examined himself as DW1. One CW was also examined. However, it is to be noted that the defendant has withdrawn himself from the suit at the last stage of the suit and hence the trial Court delivered the judgment after hearing only the plaintiff's side.