CHHINGPUII Vs. TLANSANGI

JUDGEMENT

(1.) Heard Mr. Zochhuana, learned counsel for the petitioner and Mr. R. Lalawmpuia, learned counsel for the opposite party.

(2.) By this application under Article 227 of the Constitution of India, the petitioner has challenged the legality and validity of order dated 15.02.2013 passed by the learned Addl. District & Sessions Judge-I, Aizawl in RSA No. 1/2012, thereby allowing the appeal and setting aside the judgment and order dated 3.10.2012 passed by the learned Senior Civil Judge-I, Aizawl in Civil Appeal No. 2/2008.

(3.) The said appeal arose out of judgment and order dated 18.02.2008 passed by Magistrate 1st Class and Subordinate District Council Court, Aizawl in connection with Money Suit No. 16/2006 decreeing the said suit for a sum of Rs. 20,000/- along with the interest at the rate of 9% per annum w.e.f. 23.02.2004 till realisation. The case of the plaintiff was that the defendant borrowed a sum of Rs. 20,000/- from him on 23.12.2004 on condition to repay the same along with the interest at the rate of 10% per month. The plaintiff further claimed that the amount was paid by the plaintiff and received by the defendant in presence of 4 (four) persons namely, Lalfakawma, Lalremmawii, Kapmawia and R.L. Dinpuia.