KHAGEN CHANDRA DAS Vs. AKHATAR HUSSAIN

JUDGEMENT

(1.) This Second Appeal was admitted for hearing on 8.8.2007 on the following substantial question of law:

(2.) The aforesaid substantial question of law so formulated is being tested in the backdrop of the evidence on record and to ascertain whether on the formulated substantial question of law interference of this Court is warranted.

(3.) The Money Suit No. 19/2004 was brought about by Md. Akhtar Hussain, respondent/plaintiff before the Court of the learned Civil Judge (Sr. Division), Nalbari for recovery of 62,060.00 from the appellant/defendant, Sri Khagen Chandra Das. In the said Money Suit the plaintiff had alleged that the defendant had borrowed an amount of 50,000.00 from the plaintiff on 12.9.2003 by executing a hand note (Ext. 1). On the failure of the defendant to repay the borrowed amount of 50,000.00 along with interest, as agreed upon @ 12.5% p.a., despite repeated demands and even after service of legal notice, Md. Akhtar Hussain instituted the said Money Suit No. 19/2004. The defendant, Sri Khagen Chandra Das appeared and contested the Suit by filing written statement whereby he denied the claim of the plaintiff stating that he had never borrowed any amount from the plaintiff. However, the defendant admitted to the fact that on 2.2.2005 when he was on his way to the office, the plaintiff stopped him on the National Highway and forcefully took signatures on two pieces of papers on revenue stamp.