NEIPHRELIE Vs. S.D. ANGAMI

JUDGEMENT

(1.) Heard Mr. Sentiyanger, learned counsel who appeared on behalf of the petitioner and also heard Mr. Elivil Zao, learned counsel who appeared on behalf of the respondent.

(2.) This is a civil reference arising out of Civil Appeal No. 1 /2015 pending before the learned Civil Judge (Senior Division), Kohima. The brief facts which lead to the civil reference are briefly given herein below; The appellant/defendant in the said appeal pending before the learned Civil Judge (Senior Division), Kohima borrowed a sum of Rs. 3,55,000.00 from the respondent/plaintiff in the year 2005 with interest @ 8% p.m. As claimed by the appellant, the said amount was fully paid back with the interest in the year 2006. But to his surprise on 25-11-2011, the respondent/plaintiff filed a Misc Case No. 19/2011 before the Dobashi Court, Kohima stating that though the appellant/defendant had paid back a sum of Rs. 2,10,000.00 on three different occasions he was yet to pay back the balance amount, therefore, he was liable to repay the same. On 22-05-2013, the Dobashi Court, as claimed by the appellant, without taking any evidence passed an order dated 22-05-2013 which is given here below:-

(3.) Being aggrieved, the appellant/defendant filed a Civil Appeal No. 4/2013, before the learned Civil Judge (Senior Division), Kohima and the learned Civil Judge on hearing both the parties disposed the appeal with the following order:-