RITA ROY Vs. ABDUL WAHAB BEPARI

JUDGEMENT

(1.) Heard Mr. K.K. Dey, the learned counsel appearing for the petitioner and Mr. H.R.A. Choudhury, learned Senior Counsel, assisted by Mr. A.T. Sarkar, the learned counsel for the respondent.

(2.) By filing this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 09.01.2017, passed by the learned Civil Judge, Dhubri, in T.S.(M) Suit No. 42/2004, thereby rejecting the petition filed by the petitioner under Section 151 read with Order XVIII Rule 16 CPC to cross examine the PW-1. The respondent is the plaintiff in the said suit and the petitioner is the sole respondent therein.

(3.) The case projected by the respondent-plaintiff is that the respondent had taken a loan of Rs. 11,00,000/-. The respondent filed a suit for recovery of the said amount. By filing her written statement, the petitioner-defendant denied the transaction.