SAMIR KUMAR CHANDRA Vs. SAMARJIT RAY

JUDGEMENT

(1.) Heard Ms. P. Bhattacharya, learned counsel for the appellant.

(2.) In this Second Appeal defendant of Money Suit No.12/2007 of the Court of learned Munsiff No.2, Dhubri has challenged the concurrent findings of the learned Courts below. The learned Munsiff decreed the suit for a sum of Rs.60,000/- (Rupees Sixty Thousand) along with interest at the rate of 6% per annum from the date of institution of the suit till realization and Money Appeal No.8/2013 filed there-against before the learned Civil Judge at Dhubri was also dismissed by impugned appellate judgment and decree dated 30.09.2015. The present Second Appeal is directed against the judgment and decree dated 09.12.2013 passed in Money Suit No.12/2007 as well as the aforesaid appellate judgment and decree dated 30.09.2015 in Money Appeal No.8/2013.

(3.) The sole respondent herein as plaintiff instituted Money Suit No.4/2006 in the Court of learned Civil Judge (Senior Division), Dhubri against the present appellant as the sole defendant stating that a sum of 60,000/- was paid by him as loan to the sole defendant by cheque on 17.11.2000. Subsequently, on 14.05.2004, another sum of Rs.50,000/- was paid towards loan to the sole defendant by him by cheque dated 14.05.2004 on United Bank of India, Dhubri Branch. The defendant thus received a total sum of Rs.1,10,000/- from the plaintiff but he refunded only a sum of Rs.50,000/- by cheque dated 25.04.2005 on United Bank of India, Dhubri Branch. The defendant thus was yet to refund a sum of Rs.60,000/- but as the same was not paid a money decree was asked for along with interest at the rate of 12% per annum. The suit was subsequently transferred to the learned Court of Munsiff No.1, Dhubri on enhancement of pecuniary jurisdiction and thereupon it was renumbered as Money Suit No.12/2007.