HARI SHANKER Vs. JAG DEYEE

JUDGEMENT

(1.) In a suit claiming right over a property by the plaintiff on the basis of the Will, the defendant had claimed that he happens to be the owner of the property. Accordingly, an issue was framed being issue No. 4 as to whether the defendant was the successor of one Baldeo and was the owner of the property. The learned trial court had found that the Will produced by the plaintiff was forged one and the plaintiff and his witness Mool Chandra were guilty of giving false evidence producing forged documents for which a cost of Rs. 2,000 was imposed on the plaintiff along with the direction for initiation of the proceedings under Section 195. read with Section 340 of the Code of Criminal Procedure ; while Mool Chandra was directed to be proceeded against under Section 420/467/468/471. I.P.C.. while a cost of Rs. 1,000 was also imposed on the defendant on account of giving false evidence.

(2.) The defendant preferred an appeal challenging the said imposition of cost as well as the finding with regard to issue Nos. 4 and 8 respectively. The learned trial court reversed the imposition of cost on the defendant on account of giving false evidence white it had also rejected the appeal with regard to the finding on issue Nos. 4 and 8. The learned counsel for the appellant contends that there having been a declaration of right of the defendant to the extent that he was not the successor of Baldeo Prasad and not the owner of the property, he can maintain the Second Appeal even though the decree with regard to imposition of cost as against the defendant was set aside.

(3.) Sections 96 and 100 of the Code provide for appeal from decree passed by a Court of original jurisdiction and no appeal, by a Court subordinate to the High Court respectively. Neither of these Sections permit appeal against judgment. However, where decree is not drawn within 15 days of the judgment and decree, Order XX, Rule 6A permits filing of appeal with a copy of the last paragraph of the judgment, which by fiction is treated as decree. Therefore. the appeal lies from the decree and not from the judgment although the word "decision" Is used in sub-section (1) of Section 96 of the Code.