MOHAMMED HUSSAN Vs. SHANKERLAL

JUDGEMENT

(1.) DEFENDANT No. 1 has filed this Second Appeal under Section 100 of C.P. Code against the impugned judgment and decree dated 7.4.1997 passed by Vth Additional District Judge, Ujjain, in C.A. No. 2 -B/1996 which in turn reverse the judgment and decree dated 13.12.1995 passed in C.S. No. 108/1988 by Civil Judge Class I, Badnagar. Facts of the case are these.

(2.) PLAINTIFF (respondent No. 1) brought a suit for recovery of Rs. 9,100/ -against appellant (defendant No. 1) and respondent No. 2 (defendant) towards damages. In short the case of plaintiff was that he has a petrol and diesel pump for sale of both. On 15.2.1985 the defendant No. 2, who was a driver of bus belonging to defendant No. 1 came on plaintiff's pump and dashed to petrol/diesel machines resulting in extensive damage to these machines. Due to this the plaintiff could not sell the petrol and diesel for almost 20 days. It is for this the plaintiff claimed damages to the tune of Rs. 9,100/ -.

(3.) THE Trial Court dismissed the suit but lower Appellate Court in an appeal filed by the plaintiff decreed the suit and awarded a decree for Rs. 3,250/ - against defendants. It is against this decree, the defendant No. 1 has filed this second appeal.