CHABILAL KHATIWADA Vs. DURGA PRASAD RAI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 24.11.2011 passed by the learned District Judge, Special Division-I, Sikkim at Gangtok, in money suit No.03 of 2010, (hereinafter referred to as the impugned judgment) the Appellant has preferred this Appeal.

(2.) IN the original suit, the Appellant was the Principal Defendant, the Respondent No.1 the Plaintiff and the Respondents No.2 and 3 the Proforma Defendants.

(3.) THE suit was resisted by the Appellant by denying the claims on all accounts and had asserted that the suit was barred by the law of limitation. The learned trial Court framed as many as 9 issues which are as follows: -