RAJENDRAS (INDIA) LTD. Vs. SHRI DEVINDER KUMAR JAIN

JUDGEMENT

(1.) THIS matter is on the "Regular Board' of this Court since 3.1.2011. Today, this matter is effective item No. 8 on the "Regular Board'. It is 3.10 P.M. and no one has chosen to appear for the parties. I have therefore perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 16.5.2001 whereby the suit of the Appellant/Plaintiff for recovery of Rs. 2,53,884/ - was dismissed against the Respondent/Defendant, who was the ex -employee of the Appellant, and to whom the Appellant is alleged to have given monies towards the imp rest account for incurring day to day expenditure in the business of the Appellant which was of building and construction. The relevant issue as decided by the trial Court is issue No. 1 and findings of which are contained in pares 6 to 9 of the impugned judgment and decree which read as under:

(3.) IN view of the above, I do not find any illegality or perversity in the impugned judgment and decree which calls for interference by this Court. The appeal is therefore dismissed, leaving the parties to bear their own costs. Trial Court record be sent back.