RINA BALA DEVI Vs. MD AHMED ALI

JUDGEMENT

(1.) Heard Mr. H. Das, learned counsel for the appellant.

(2.) Being aggrieved by the concurrent judgment and decree dated 12.12.2014 passed by the learned Civil Judge, Goalpara in Money Appeal No.1/2014 the defendant as appellant has approached this Court by filing the instant Second Appeal.

(3.) The case of the respondent/plaintiff, in brief, is that the plaintiff had advanced a loan for an amount of Rs.1,00,000/- (Rupees One Lac) carrying interest at the rate of 10% per annum to the defendant with an agreement to repay the same within six months. There was an agreement entered by and between the parties to that effect but despite the same the appellant/defendant failed to repay the loan amount within the stipulated period as a result of which the plaintiff/respondent had to serve a pleaders notice upon the defendant demanding repayment of the loan amount. Since the said pleaders notice failed to evoke any response from the defendant, hence, the plaintiff was compelled to institute Money Suit No.1/2011 in the Court of Munsiff No.1, Goalpara praying for a decree for recovery of the said amount along with interest as applicable.