PREM LATA MEHTA Vs. J S SOD

JUDGEMENT

(1.) This appeal is directed against the Judgment and Decree in Suit no. 637 of 1984. The appellants, Mrs. Prem Lata Mehta and ms. Arti Mehta are the defendants and are the wife and daughter of Sh. J.L. Mehta, of Bombay. The respondent, Mr. J.S. Sood is the plaintiff and is proprietor of M/s Globe films, Delhi. The suit was filed on the original side of this Court and was decreed. After service of summons a written statement was filed, a replication was filed and evidence adduced in the case. The Plaintiff examined two witnesses and for the appellants (defendants) none went into witness-box. The suit was for recovery of Rs. 2,36,000/-.

(2.) The suit was initially filed under Order 37, Rule 1 Civil Procedure Code and by an order dated 28.8.94, a learned Single Judge of this court came to the conclusion that the facts of the case did not fit into Order 37 as amended in 1976 and held that the best course was to try the suit as an ordinary suit and issued fresh summons. An appeal FAO(OS 146/84 was carried against the said order and was dismissed by a division Bench of this Court on 2.1.1986.

(3.) Thereafter, P.W.I ah employee Of the plaintiff was examined on 24.11.93 and on succeeding dates. The plaintiff himself was examined on 28.2.94. Defend ants/appellants did not examine themselves or any other person on their side. Arguments were heard on 12.4.94 and the Judgment was pronounced on 13.5.94 decreeing the suit in the sum Rs. 1,40,000 with pendente life interest at 1 5% per annum from the date of institution of the suit till the date of payment and costs.