Nani Bala Deka vs Mohan Ch Kalita
2022 Latest Caselaw 4826 Gua

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GAHC010212812022




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : RSA/169/2022

            NANI BALA DEKA
            W/O LATE LAHAN CH. DEKA,
            R/O WORD NO. 6, MANGALDAI TOWN,
            P.O.- MANGALDAI,
            P.S.- MANGALDAI,
            DIST.- MANGALDAI, PIN- 784125.



            VERSUS

            MOHAN CH KALITA
            S/O LATE LALIT CH KALITA,
            VILL.- GERIMARI (JEY NAGER),
            P.O.- MANGALDAI,
            P.S.- MANGALDAI,
            DIST.- MANGALDAI,
            PIN- 784125.



Advocate for the Petitioner   : MR C GOSWAMI

Advocate for the Respondent :




                                     BEFORE
                      HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

Date : --07.12.2022

Heard Mr. C. Goswami, learned counsel for the appellant.

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This is the second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 02.08.2022, passed in Money Appeal No. 04/2018, by the learned Civil Judge, Darrang, Mangaldai.

The appeal is admitted on the following substantial questions of law:

i) Whether the appellate Court below is justified in reversing the judgment and decree dated 04.08.2018 passed by the trial Court without considering the evidence of P.W. 1 Mohan Ch. Kalita, the plaintiff who in his Cross examination admitted that the compromise made between the parties in C.R. 1455/10 and in NIR 08/10 to his satisfaction of the due between the parties.

ii) Where mere admission of signature is amount to admission of the contain of the Hand Note.

iii) Whether the appellate Court below has taken into consideration of Section 118(a) of Negotiable Instrument Act and while presumption has been taken on true execution of Exhibit-1?

Or any other substantial questions of law if any, may be formulated at the time of hearing.

LCR be called for.

Let the notice be issued to the respondents through registered post with A/D and other usual process returnable within 4(four) weeks. List the matter after ensuing winter vacation on a date to be fixed by the Registry.

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JUDGE

Comparing Assistant