GULABCHAND Vs. CHHATARSINGH

JUDGEMENT

(1.) THIS second appeal was filed before the Rajasthan High Court. On the recoganisation of the States, this case was transferred to the Madhya Pradesh High Court, where it is being decided now.

(2.) THIS appeal arises out of a suit in which the plaintiffs sued the defendant on the allegation that their father, Bholasingh had pawned some ornaments with the defendant Gulabchand in year 1920. It was, therefore, a suit for the redemption of the pawned articles.

(3.) THE trial Court, Munsiff of Sironj, dismissed the suit as time -barred and also held that the decision in the suit of 1925 filed by defendant Gulabchand operated as res -judicata. On appeal the first appellate Court held that the suit was not time -barred nor was it hit by res -judicata and therefore sent it back to the trial Court. Against this decision, an appeal was filed before the Rajasthan High Court, and the High Court upheld the judgment of the District Judge. The case eventually went back to the Munsiff's Court at Sironj for decision of questions that were not decided. After remand, the Munsiff, Sironj decreed the plaintiff's suit and on appeal this decision was upheld. Now the defendant has filed this second appeal.