ABDUL JALIL TALUKDAR Vs. PRAGJYOTISH GAOLIA BANK

JUDGEMENT

(1.) HEARD Mr. M.U. Mahmud, learned counsel for the appellant and Mr. B.M. Sarma, learned counsel for the respondent.

(2.) THE respondent Pragjyotish Gaolia Bank instituted a Money Suit No. 12/91 against the appellant and others sitting inter alia that the appellant/defendant Abdul Jalil Talukdar had taken a loan of Rs. 9,970 from the plaintiff bank and the money was released to him but the defendant had failed to repay the same. The suit proceeded ex parte and it was decreed by the trial court whereupon the appellant preferred an appeal being Money Appeal No. 2/95 and vide the impugned judgment, the learned District Judge, Barpeta affirmed the judgment and decree of the trial court and dismissed the appeal and the hence the second appeal. The substantial question of law formulated in this case reads as follows : -

(3.) BEFORE coming to the substantial question of law the learned counsel for the appellant admitted that the suit was decreed ex parte and as such it may be remanded back, giving opportunity to the appellant to file written statement as the appellant is ready with his written statement. The circumstances under which the suit proceeded ex parte are given in para 6 of the appellate court's judgment, which reads as follows :