PT CHANDI PRASAD Vs. PT SADANAND PATHAK

JUDGEMENT

(1.) BOTH these appeals are by the decree -holder, each arising out of proceedings relating to a separate decree. The decree out of which the appeal first mentioned arose was No. 2331 of 1933 of the Court of Judge Small Causes, Gorakhpur, and the decree out of which the other appeal arose was No. 2128 of the same year and of the same Court. I propose to deal with these appeals together.

(2.) IT is necessary, for introducing the pointsin controversy, to set forth a few facts.

(3.) WHEN the records in the two cases came back to the Small Cause Court at Gorakhpur an order was passed under the signature of the Munsarim and perhaps it would be more correct to say that a note was recorded by him, on the record of each of these two cases that it should be struck off and the file consigned to the Record Room.