Sri Sushil Kumar Sinha vs Mustt. Selina Begum Mazumder
2023 Latest Caselaw 1915 Gua

                                                                       Page No.# 1/2

GAHC010088392023




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

                                   Case No. : RSA/62/2023

            SRI SUSHIL KUMAR SINHA
            S/O LATE SURAMONI SINHA, VILL.- DALIDAHAR, P.S.- ALGAPUR, DIST.-
            HAILAKANDI, ASSAM.



            VERSUS

            MUSTT. SELINA BEGUM MAZUMDER
            D/O ABU BAKKAR MAZUMDER, VILL.- CHANDIPUR PART- 3, P.S.-
            ALGAPUR, DIST.- HAILAKANDI, ASSAM.



Advocate for the Petitioner   : MR B SINHA

Advocate for the Respondent :




                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                          ORDER

11.05.2023.

Heard Mr. B. Sinha, learned counsel for the appellant.

This second appeal is against the judgment dated 26.07.2022 and decree dated 30.07.2022 passed by the Court of learned Additional District Judge, Page No.# 2/2

Hailakandi in Money Appeal No. 01/2017 in dismissing the appeal and thereby affirming the judgment, order decree dated 18.11.2016 passed by the Court of learned Civil Judge, Hailakandi in Money Suit No. 24/2014 which is admitted on the following substantial question of law:-

1. Whether the decision of the learned Courts below are perverse in holding that the promissory note has duly been proved more particularly in view of denial of execution of the promissory note by the defendant in his pleading as well as in evidence, which remained un-rebutted and no endeavor has been made to test the genuineness of the signature in the promissory note?

2. Whether a promissory note which is insufficiently stamped and signature of the author has been denied, can be relied upon to decree a suit?

The appellant shall be at liberty to raise any other substantial question of law at the time of hearing.

Issue notice returnable after six weeks.

Call for the records.

The appellant shall take steps for issuance of notice upon the respondents by way of registered post with A/D as well as by usual process within a period of 5 (five) days from today.

List this matter after six weeks on a date to be fixed by the Registry.

JUDGE Comparing Assistant