LAWS(GAU)-2024-2-109

SAJO BAGANG Vs. MEMA BAGANG

Decided On February 07, 2024
Sajo Bagang Appellant
V/S
Mema Bagang Respondents

JUDGEMENT

(1.) Heard Mr. C. Modi, learned counsel for the petitioner. None has appeared for the sole respondent.

(2.) The petitioner has filed this petition under Article 227 of the Constitution of India read with Sec. 115 of the CPC praying for quashing of the impugned order, dtd. 14/8/2023 passed by the learned District Judge, Yupia in connection with Money Appeal No.02/2023 filed against the Ex-parte decree/order, dtd. 5/4/2018 passed by the learned Civil Judge (Senior Division), Yupia in Money Suit No. 102/2015.

(3.) The factual matrix leading to filing of this revision petition is that in the year 2014, the petitioner along with five other persons took a loan of Rs.3,00,000.00(Rupees Three Lakhs) from one Smti. Nime Yangfo for a common purpose. While lending the said money, the lender had taken 2 (two) strings of local ornaments (Tadok) as the security of the said loan amount but the petitioner along with other persons who took the loan have failed to repay the same. Subsequently, an agreement was executed between the petitioner on 27/2/2014 amongst the borrowers for paying back the said loan amount to the lender. But as they failed to repay the loan amount, one suit was instituted vide Money Suit No. 102/2015.