ASHIMA TALUKDAR Vs. GANESH SAHA
HIGH COURT TRIPURA
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Arindam Lodh,J. -
(1.) The appeal has been taken up for hearing after its re-admission, with the consent of Mr. RG Chakraborty, learned counsel for the appellant.
(2.) This second appeal has been filed under Section 100 of CPC against the judgment and decree dated 05.01.2017 passed by the learned Additional District Judge, Unakoti Judicial District, Kamalpur in Money Appeal No. 1 of 2016 arising out of the judgment and decree dated 25.01.2016 passed by the leanred Civil Judge, Junior Division, Kamalpur, Unakoti in Money Suit no. 1 of 2014.
(3.) The brief facts are that the defendant, appellant herein had borrowed Rs. 1 lakh from the plaintiff, respondent herein, but, she failed to repay the said amount to the respondent. As such, the respondent instituted the Money suit being no. 1 of 2014. After exchange of pleadings, issues were framed. Evidences were recorded by both the parties. Documentary evidences were also introduced. After hearing learned counsel appearing for the parties, the learned trial court held that the plaintiff is entitled to realise Rs. 1 lakh with interest from the respondent, and decreed the suit accordingly. Being aggrieved, the appellant preferred a first appeal under Section 96 CPC before the learned District Judge, Unakoti District and the same was transferred to the court of learned Additional District Judge, Unakoti District for hearing of the appeal. The learned Additional District Judge having heard learned counsel for the parties and considering the evidences and materials on record upheld and affirmed the findings as returned by the learned trial court, thus decreed the suit in favour of the respondent-plaintiff by judgment and decree dated 05.01.2017 in connection with M.A. 1 of 2016. Feeling aggrieved and dissatisfied with the judgments and decrees, the appellant, has preferred this instant appeal asking this court for invoking its jurisdiction under Section 100 CPC.;
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