MOHINDER SINGH JAGGI Vs. DATARAM JAGANNATH

JUDGEMENT

(1.) We see no reason to interfere with the judgment of the High Court in Civil Revision No. 33 of 1972, nor is there any need to set out the facts in detail.

(2.) A preliminary decree had been passed in favour of the present appellant who was the defendant in the suit pursuant to the cross claim he had made. That preliminary decree was challenged by the plaintiff in appeal before the High Court and pending the appeal the High Court had directed that while final decree proceedings could be continued no final decree as such should be passed. Eventually, the High Court set aside the preliminary decree passed by the trial court Against that judgment, an appeal was carried to this Court in Civil Appeal 471 of 1971. This Court ultimately restored the trial court's decree in these words:

(3.) Meanwhile, the trial court had appointed a commissioner to investigate and report on the accounts and claims of the two parties in the light of the preliminary judgment. The commissioner submitted his report on 16-1-1966. Thereafter, objections were filed and the court heard the objections and passed its order dated 13-5-1967. According to the order, a sum of money was directed to be paid to the defendant by the plaintiff. But it fell far short of what the defendant had claimed. He carried a revision to the High Court in Civil Revision No. 33 of the 1972, which was dismissed. And it is against this order that the present civil appeal has been filed.