CHHAGAN LAL GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) S. U. Khan, J. Heard learned Counsel for the parties.

(2.) BOTH the appeals have been filed by the plaintiff against the judgments and decrees dated 29-8-1977 passed by the District Judge, Banda in Original Suit No. 7 of 1973 (giving rise to First Appeal No. 263 of 1978) and Original Suit No. 8 of 1977 (giving rise to First Appeal No. 264 of 1978 ). In both the suits appellant was plaintiff and the respondent was defendant. Appellant had filed 3rd suit also against the respondent being Original Suit No. 10 of 1973, which was also decided by same Judge i. e. District Judge, Banda on the same date i. e. 29-8-1977. Against the said judgment and decree the appellant filed First Appeal No 230 of 1978 which was allowed by this Court in part on 20-3-1995, Photostat copy of the certified copy of the said judgment has been supplied.

(3.) THE first point argued in these appeals is regarding the maintainability of the suit as it was admitted to the plaintiff that the Firm was not registered. Issue No. 1 and 10 in Original Suit No. 7 of 1973 related to the said aspect of the matter. This point was decided in favour of the plaintiff and against the defendant. How-ever this point was not involved in Original Suit No. 8 of 1973.