NATIONAL INSURANCE COMPANY LTD Vs. VINOD KUMAR BANSAL

JUDGEMENT

(1.) THE plaintiff-respondent no. 1 filed a suit for the following reliefs:

(2.) THE trial court, decreeing the suit, allowed relief (a) in so far as the charge-sheet dated 21-10-1972 was concerned. Reliefs (d), (e) and (f) were also allowed. In regard to relief (h) the trial court directed that "the plaintiff can apply for realisation of other dues and salary (after 30-11-1973), to which he is entitled under the law, on payment of requisite court-fee on the execution side. Relief (a) in so far as the charge- sheet dated 22-1-1973 was concerned, and reliefs (b) and (c) were refused. Feeling aggrieved against the decree passed by the trial Court, defendant no. 3 viz. the National Insurance Co. Ltd. filed the present appeal. The appeal has been valued at Rs.20,407.00 and the split-up thereof given in the grounds of appeal is as follows:

(3.) IN the counter-affidavit filed on behalf of the plaintiff-respondent the reliefs claimed in the suit as well as the valuation, as made in the plaint, have been given and a perusal thereof shows that the suit had been valued at Rs.12,900.00. The suit was tried by the court of the Civil Judge, Dehra Dun as already indicated earlier. Section 21 of the Bengal, Agra, and Assam Civil Courts, Act, states that an appeal from a decree or order of a Civil Judge shall lie- Note: The decree was passed by the trial court on 26-3-1976.