ANUP KUMAR DAS Vs. ANANTA MITRA AND ORS.

JUDGEMENT

(1.) ALL the five second appeals, mentioned above, filed under Section 100 of the Code of Civil Procedure, 1908, were heard together on the consent of learned counsel of both side since all the appeals involved identical fact and question of law filed by the same defendant -appellant and this single judgment shall govern all the cases.

(2.) HEARD learned counsel Mr. D Bhattacharji, for the appellant in all the appeals and learned senior counsel Mr. S.M. Chakraborty for the respondent No. 1 and learned counsel Mr. D.C. Nath for the respondent Nos. 2, 3 and 4 in all the appeals. There was no representation on behalf of respondent No. 5. Rsa No. 01 of 2011 has been filed by the appellant, Anup Kumar Das, challenging the appellate judgment and decree dated 14.12.2009 passed by learned Addl. District Judge, Belonia in Money Appeal No. 02 of 2009, whereunder the learned Addl. District Judge upheld the judgment and decree dated 22.06.2009 passed by the learned Civil Judge, Junior Division, Belonia in Money Suit No. 08 of 2007.

(3.) RSA No. 01 of 2011 relates to original Money Suit No. 08 of 2007, which was instituted by plaintiff -respondent No. 1, Sri Ananta Mitra as plaintiff (hereinafter mentioned as 'plaintiff') and in that suit the appellant, Anup Kumar Das, was arrayed as defendant No. 4 (hereinafter mentioned as 'defendant No. 4') and the respondent No. 5, Manik Das was arrayed as defendant No. 5 (hereinafter mentioned as 'defendant No. 5'). Other respondents, i.e., respondent Nos. 2, 3 and 4 were arrayed as defendant Nos. 1, 2 and 3 respectively in the suit.