SEHGAL INDUSTRIES WORKS Vs. TRU TEMP INDUSTRIES

JUDGEMENT

(1.) This appeal has had an interesting history. It was filed as a Civil Revision on 7th July, 1973. It came before a learned Single Judge for admission. The learned Single Judge noted that as the plaint had been rejected, a Revision was not maintainable, so the petitioner may move an application.

(2.) The petitioner then filed C.M. No. 1428/73, praying that the Revision be treated as an F.A.O. This application was allowed by the learned Single Judge, who directed the office to take the necessary steps. Civil Revision No. 464/73 was then converted into F.A.O. No. 1/74, which was admitted by a Division Bench on 15th January, 1974, and it was noted that the maintainability of the appeal would be considered at the hearing.

(3.) F.A.O. 1/74 was listed for hearing before another learned Single Judge, who directed the same to be listed on 19th August, 1985. Then CM No. 2492/85 was moved by the appellant-applicant to convert the F.AO. into an R.F A. An order passed by the learned Single Judge on 26th August, 1985. shows that the contention of the counsel for the respondent was that the appeal was competent only as an R.F.A., and full court-fees has to be affixed on the appeal.