MD. FAIZUL HAQUE CHOUDHURY Vs. ABDUL RAUF BORBHUIYAN

JUDGEMENT

(1.) Heard Mr. I.H. Laskar, learned counsel representing the appellant as well as Mr. N. Dhar, learned counsel appearing for the respondents.

(2.) This is a Regular Second Appeal under Sec. 100 of the Code of Civil Procedure (CPC) whereby the judgment and decree dtd. 29/9/2007 passed by the court of learned District Judge, Hailakandi in Money Appeal No.34/2006, setting aside the judgment dtd. 4/2/2005 and the decree dtd. 5/2/2005 passed by the court of learned Civil Judge, (Sr. Divn.), Hailakandi in Money Suit No.26/2001, is under challenge.

(3.) Md. Faizul Haque Choudhury filed the Money Suit against the respondent Abdul Rauf Borbhuiyan for recovery of ?90,000/-. The case of the appellant is that on 13/9/2000, the respondent had executed a hand note and thereby borrowed ?90,000/- from him. The appellant claimed that after repeated demands, the money was not returned to him.