PUTUL BAISHYA Vs. HARICHARAN PATGIRI

JUDGEMENT

(1.) HEARD Mr. H. Kalita, learned counsel appearing for the appellant. Also heard Mr. K.R. Patgiri, learned counsel appearing for the respondent.

(2.) THIS second appeal has been preferred against the concurrent judgment and decree date 18.02.2014 passed by the learned Civil Judge, Barpeta in Money Appeal No. 02/2012 affirming the judgment and decree dated 03.02.2012 passed by Munsiff, Bajali, Pathsala in Money Suit No.12/2009.

(3.) THE case of the plaintiff/respondent in brief is that acting on a request made by the appellant/defendant, the defendant had extended a loan of Rs.1,00,000/ - (one lakh) to the defendant on executing a promissory note dated 25.01.2007. In the said promissory note, the defendant had undertaken to repay the aforesaid amount within 25.12.2007. However, despite the said promise, the defendant had failed to repay the amount, as a result of which, the plaintiff had sent a legal notice requiring the defendant to pay up the loan amount within 15 (fifteen) days from the date of receipt of the notice. Since the defendant did not pay the amount nor made any reply despite receipt of the aforesaid notice on 29.09.2009, hence, the plaintiff was compelled to institute the Money Suit for realization of the aforementioned amount from the defendant.