RITA NATH SARKAR Vs. BRANCH MANAGER, ASSAM

JUDGEMENT

(1.) This civil revision is filed by defendant no 2 under Section 115 of the Code of Civil Procedure against the order dated 18.4.2006 passed by District Judge Kokrajhar in Misc. Appeal No. 6 of 2005 which in turn arise out of order dated 2.8.2005 passed by Civil Judge (Sr. Division) kokrajhar in Misc (J) Case no 22 of 2004 which arose out of M.S.No 8 of 1998 / 51 of 99 and Misc (J) Case no. 3 of 2004 decided by Civil Judge (Sr. Division) on 30.4.2002.

(2.) Facts of the case lie in a narrow compass. They however need mention in brief infra:-

(3.) The respondent no. 1 a Nationalized Bank filed a civil suit being M.S. No. 8 of 1998/51 of 99 against the respondent no. 2 and petitioner as defendant no. 1 and 2 respectively for recovery of Rs. 1, 93,176 in the court of Civil Judge (Sr. division) Kokrajhar. It was the case of the respondent no. 1 that they advanced loan to the respondent no. 2 as their borrower and to safeguard repayment/recovery of their loan, the petitioner (defendant no. 2) stood as his guarantor for respondent no.2. It was alleged that since the respondent no. 2 i.e. borrower failed to repay the loan amount despite demand made and hence they filed the aforementioned money recovery suit ( 8/98 51/99) against the respondent no. 2 and petitioner for the recovery of aforesaid money in the court of Civil Judge (Sr. Division).