LAWS(GAU)-2023-8-185

SUNNY SHIMRAH Vs. WUNGMAYO MUINAO

Decided On August 09, 2023
Sunny Shimrah Appellant
V/S
Wungmayo Muinao Respondents

JUDGEMENT

(1.) Heard Mr. T. B. Jamir, learned counsel for the petitioner. Also heard Mr. N. Longkumer, learned counsel for the respondent.

(2.) This application filed under Sec. 115 of the Code of Civil Procedure, 1908 read with Article 227 of the Constitution of Indian challenging the impugned order dt. 21/7/2022 passed by the Court of learned Civil Judge (Senior Division), Dimapur, Nagaland in I.A. (Civil) No.112/2022 arising out of Civil Suit No.14/2012.

(3.) The case, in a nutshell, is that the respondent, as plaintiff, filed Civil Suit No. 14/2012 against the petitioner/defendant. The respondent stated that he and his associates organized a concert on 6/5/2012 in Imphal, Manipur. The petitioner was provided tickets for this concert, but, neither, he made payment nor returned the unsold tickets. Furthermore, the petitioner shifted his residence from Imphal. Through this suit, the respondent/plaintiff prayed for the recovery of Rs.40,05,000.00 (Rupees forty lakhs five thousand) only, including an outstanding balance of Rs.20,00,000.00 (Rupees twenty lakhs) only. This sum represents damages for assault and harassment caused to the plaintiff, along with interest at 18% per annum from 1/4/2012, both pendente lite and future until the final payment or realization.