TRIKHA RAM VED PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispuose of three ESAs (No. 18 19 and 20 all of 1972), which are between the same parties and raise a common question, of law. These appeals have been filed against a common order of Mr. J. D. Jain, Additional District Judge, dated 5th June, 1972, by which he has dismissed the appeals and maintained the order of the Sub-Judge, dated 3rd September, 1971, dismissing the objections of the appellants and ordering restitution of the decretal amount.

(2.) In these appeals, appellant No. 1, Trikha Ram Ved Parkash, is plaintiff, while appellant No. 2 is the surety. The plaintiff firm had instituted three suits for recovery of damages on account of nondelivery of goods, which had been booked with the Railway and had not been delivered on account of being looted during the disturbances in September, 1947 at the time of the partition of the country. By judgment dated 30th November, 1951 the trial court decreed the suits of the first appellant. On appeal the High Court allowed the appeals and dismissed all the three suits. The judgment of the High Court was pronounced on 28th August, 1957. During the pendency of the appeal, the plaintiffs were allowed to withdraw the decretal-amounts deposited in the court on furnishing security and appellant No. 2 offered the surety.

(3.) The plaintiff appellants then moved the High Court on 8th March, 1960 for grant of certificates to appeal to the Supreme Court, which were granted and on furnishing requisite security for costs the appeals to the Supreme Court were declared to be admitted by the High Court by order dated 16th May, 1960. The printed record of the appeals was transmitted to the Supreme Court. The appellants thereafter did not take any steps whatsoever to prosecute the appeals in the Supreme Court. They neither filed the petition of appeal, nor did they lodge any statement of the case. Summons for non-prosecution of the Supreme Court Appeals was issued by the registry and eventually by order dated 25th August, 1965 the Supreme Court dismissed all the three appeals of the appellant firm. In this way, the fate of the suits of the appellant firm was finally sealed. This was, however, not the end of the matter and trouble arose in restitution of the decretal amounts, which the appellant firm had; obtained from the court upon security.