NARENDRA VEX MANUFACTURING CO Vs. CHHAGANLAL SHAMJIBHAI MALAVIA

JUDGEMENT

(1.) THE present Second Appeal under Section 100 of the Code of Civil Procedure, is preferred by the appellant- original defendant, being aggrieved and dissatisfied with the judgement and decree passed by the learned Extra Assistant Judge, Rajkot at Gondal in Regular Civil Appeal No. 24 of 1978.

(2.) IT is required to be noted that the original plaintiffs have instituted Regular Civil Suit No. 228 of 1976 in the court of learned Civil Judge, Junior Division, Upleta on deputation at Jetpur, for recovery of sum of Rs. 531/- as principal and Rs. 64/- as interest and Rs. 15/- as Notice charge, in all of Rs. 610/- from the defendant. The Trial Court dismissed the said suit on the ground of limitation and against which, the original plaintiffs have preferred Regular Civil Appeal No. 24 of 1978 before the learned District Court and the learned Extra Assistant Judge, Rajkot at Gondal by impugned judgement and order, decreed the plaintiffs' suit for Rs. 610/- and, hence, the original defendant has preferred the present Second Appeal.

(3.) MR. MEHUL Shah, learned advocate appearing on behalf of the respondents - original plaintiffs has submitted that as the suit claimed was only for Rs. 610/-, the present Second Appeal is not maintainable, as even at the relevant time, Second Appeal below the claim of Rs. 3,000/- was not maintainable.