(1.) This Lettres Patent Appeal has been preferred by the plaintiff, Tek Chand Chitkaria, against the judgment of S. K. Kapur, J., dated 5th June, 1967, in Regular Second Appeal No, 264 of 1967, dismissing the said Second Appeal and thereby confirming the judgments of the courts below, whereby the plaint in the suit filed by the appellant herein was rejected under Order VII, Rule II, Clause (d) of the Code of Civil Procedure.
(2.) The aforesaid suit (Case No. 13/22) was filed on 22nd March, 1961 by the appellant herein in the court of the Subordinate Judge, 1st Class, Kandaghat, alleging inter alia-
(3.) On the aforesaid pleadings, the learned Subordinate Judge framed the following issues :-