SURENDRA GIRI vs BITU — 56/2025
Case under Suit for Declaration Section APPEALUNDERSECTION96. Disposed: Contested--PARTLY ALLOWED on 13th March 2026.
RCA DJ - REG CIVIL APPEAL FOR DJ ADJ
CNR: DLNE010032882025
e-Filing Number
04-11-2025
Filing Number
1668/2025
Filing Date
04-11-2025
Registration No
56/2025
Registration Date
07-11-2025
Court
District and Sessions Judge, North-East, KKD
Judge
429-District Judge
Decision Date
13th March 2026
Nature of Disposal
Contested--PARTLY ALLOWED
Acts & Sections
Petitioner(s)
SURENDRA GIRI
Adv. Maya Rani
Respondent(s)
BITU
Hearing History
Judge: 429-District Judge
Disposed
Order
Order
Order
Misc. cases
| Date | Purpose |
|---|---|
| 13-03-2026 | Disposed |
| 20-02-2026 | Order |
| 09-02-2026 | Order |
| 29-01-2026 | Order |
| 09-12-2025 | Misc. cases |
Final Orders / Judgements
Case Summary: Surendra Giri v. Bitu (RCA DJ 56/25) The appellate court reversed the trial court's dismissal of the defendant's leave-to-defend application in a loan recovery suit. While the plaintiff claimed a ₹2 lakh friendly loan, the defendant admitted borrowing only ₹1.5 lakh and claimed to have repaid ₹1 lakh, disputing the remainder. The court held that the defendant's defense, though lacking documentary support and specific repayment dates, constituted a fair/reasonable defense rather than a frivolous one. The court awarded the plaintiff a partial decree of ₹50,000 (the amount admitted by defendant) with 6% interest, and granted the defendant unconditional leave to defend regarding the remaining ₹1.5 lakh claim. This case analysis is maintained by casestatus.in based on publicly available court records.
Interim Orders
Case Summary: Surendra Giri v. Bitu (RCA DJ 56/25) The appellate court reversed the trial court's dismissal of the defendant's leave-to-defend application in a loan recovery suit. While the plaintiff claimed a ₹2 lakh friendly loan, the defendant admitted borrowing only ₹1.5 lakh and claimed to have repaid ₹1 lakh, disputing the remainder. The court held that the defendant's defense, though lacking documentary support and specific repayment dates, constituted a fair/reasonable defense rather than a frivolous one. The court awarded the plaintiff a partial decree of ₹50,000 (the amount admitted by defendant) with 6% interest, and granted the defendant unconditional leave to defend regarding the remaining ₹1.5 lakh claim. This case analysis is maintained by casestatus.in based on publicly available court records.
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