ASHA DEVI Vs. DUKHI SAO

JUDGEMENT

(1.) The question in this appeal by certificate is whether a Bench of the High Court of Patna in an appeal from the judgment of a Single Judge of that Court in a first appeal can consider all matters which a Single Judge could have decided and is not limited by the restrictions imposed by Section 100 of the Code of Civil Procedure.

(2.) A few facts may be stated in order to better comprehend the question posed before us. The plaintiff/appellant filed a money suit against the defendant for recovery of Rs.7,865/7/- due from him on account of sale of grains and Rs.1,512/9/- as interest. The defendant admitted the purchase of grain from the appellant but denied stipulation of interest. The case of the defendant was that he had borrowed Rs.6,000/- from the plaintiff for the marriage of the grand-daughter at the rate of 12 annas per hundred per month. The Trial Court, after considering the evidence, decreed the suit. In a first appeal to the High Court, the Single Judge allowed it and reversed the judgment and decree of the Trial Court. In the judgment it was observed:

(3.) We accordingly set aside the, judgment of the Full Bench of the Patna High Court and remand the matter for being heard and disposed of in accordance with law. In the circumstances of the case, we make no order as to costs.