RANBIR SINGH Vs. SAJANTI RAM

JUDGEMENT

(1.) This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment [dated 18th February, 2017 in RCA No.196/2016 (Unique ID No.02402C0034422016) of the Court of Additional District Judge, Shahdara] allowing the First Appeal filed by the respondent / plaintiff against the judgment and decree [dated 25th April, 2016 in Civil Suit No.275/2010 (Unique ID No.02403C0221442010) of the Court of Additional Civil Judge, Shahdara] of dismissal of suit filed by the respondent / plaintiff against the appellant / defendant for recovery of Rs. 1,25,000/- along with interest and costs. Resultantly, vide the impugned judgment, a decree has been passed in favour of the respondent / plaintiff and against the appellant / defendant for recovery of Rs. 1,25,000/- with interest.

(2.) The appeal came up first before this Court on 12th July, 2017, when, without expressing satisfaction that the appeal entails a substantial question of law and without framing a substantial question of law, notice of the appeal was issued and subject to the appellant depositing 50% of the decretal amount in this Court, execution stayed. Vide subsequent order dated 3rd November, 2017, the trial court record was requisitioned.

(3.) The counsel for the appellant / defendant and the counsel for the respondent / plaintiff have been heard and the Suit Court record requisitioned perused.