UNITED BANK OF INDIA Vs. SNEHMOYE BORTHAKUR AND 2 ORS
HIGH COURT OF GAUHATI
UNITED BANK OF INDIA
Snehmoye Borthakur And 2 Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. M. Dutta, learned counsel for the appellant. It may be mentioned herein that the substantive argument on behalf of the appellant was advanced by Mr. M. Dutta, Advocate and the learned Senior Counsel for the appellant had addressed the court on the points of law that had arisen in this appeal. None appears on call for the respondent.
(2.) This appeal under Section 96 of the Civil Procedure Code (CPC for short) is directed against the judgment and decree dated 12.02.2010 passed by the learned Civil Judge, Sivasagar in T.S. 31/1990. By the said judgment, while the suit filed by the appellant Bank for recovery of money was dismissed, the counter-claim filed by the predecessor- ininterest of the respondents was decreed.
(3.) The defendant in the suit, i.e. the predecessor- in- interest of the respondents had died after the counter-claim was decreed, as such, the respondents, being the legal representatives of the said sole defendant were impleaded.;
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