GANESH PRASAD Vs. LAL UMASHANKAR PRATAP NARAIN SINGH

JUDGEMENT

(1.) THIS appeal by special leave arises out of a suit brought by the Appellant Seth Ganesh Prasad against the Respondent Lal Umashanker Pratap Narayan Singh, claiming to recover the amount due on a mortgage executed in his favour by the Respondent on October 27, 1948. The learned Additional District and Sessions Judge, Satna, who tried the suit, passed a decree in favour of the Appellant for Rs. 15,480 with proportionate costs.

(2.) THE Respondent then challenged the said decree by preferring an appeal before the Madhya Pradesh High Court. The High Court has allowed the appeal, set aside the decree passed by the trial Court, and dismissed the Appellant's suit with costs. It is this decree which is challenged before us by Mr. Andley on behalf of the Appellant.

(3.) WHEN the Respondent's said application and the accompanying affidavit were brought to the notice of the High Court, the High Court refused to take any notice of the application on the ground that its presentation was not proper. This order was passed on December 23, 1959 and on the same day, the judgment against which the present appeal has been brought before us, was pronounced.