LOVE KUMAR SETHI Vs. DELUXE STORES

JUDGEMENT

(1.) APPELLANT Shri Love Kumar Sethi has preferred this appeal against the judgment dated 1st March, 2005 passed by the Addl. District Judge, dismissing his suit No. 80/2002 filed by the appellant recovery of Rs. 4,64,400/- (Four Lac sixty four thousand four hundred only ). Parties were left to bear their own costs. The present appeal was preferred on 7th October, 2005. After counting time taken in obtaining certified copy, there is a delay of nearly 146 days in institution of the appeal. Appellant has accordingly moved CM 15787/2005 being an application under Section 5 of the limitation Act for condonation of delay in filing of the appeal. Reply to the said application has been filed. We shall advert later to this aspect.

(2.) THE facts in brief culminating in filing of the present appeal may be noted :-

(3.) LEARNED counsel, therefore, submits that substantial justice has been done in the matter to the respondents by the finding of the trial court that the said promissory notes not being inadmissible in evidence inasmuch as respondents had more than discharged their liability by transferring of first and second floor of the shop in question and were being made to suffer double jeopardy on being sued on promissory notes that had not been deceitfully returned.