JAGDISH PRASAD Vs. BHASKAR PRASAD

JUDGEMENT

(1.) This Civil Revision has been filed by the applicant under Section 115 of the Code of Civil Procedure (hereinafter referred to as "CPC") being aggrieved by judgment and decree dated 16.05.2014 passed by the learned District Judge, Sheopur in Civil Appeal No. 1-B/2012, whereby appeal filed by the plaintiff has been allowed and the judgment and decree dated 10.09.2012 passed by the Third Civil Judge, Class 2, Sheopur, District Sheopur in Civil Suit No. 2-B/10 has been reversed.

(2.) Earlier, a Second Appeal was filed by the present applicant before this Court terming it to be one under Section 100 of CPC, when it was pointed out that looking to the valuation of the appeal at Rs. 10,115/-, such second appeal is not maintainable in light of provisions contained under Section 102 of CPC, then at the instance of learned counsel for the appellant, second appeal was permitted to be converted to Civil Revision in light of law laid down in case of Bahori v. Vidya Ram reported in AIR 1978 Allahabad 299.

(3.) It is the contention of learned counsel for the applicant that respondent/plaintiff had earlier filed a suit for recovery of Rs. 10,115/- alleging before the Court that present applicant/defendant had purchased certain clothes worth Rs. 5,950/- and there was an agreement to pay such amount but when payment was not made then an agreement was executed admitting liability to pay principal and interest at the rate of Rs. 2/- per Rs. 100/- per month. Therefore, from the date of the agreement, interest accrued on the principal amount to the tune of Rs. 4,165/- upto 23.04.2010 along with the principal amount, totaling Rs. 10,115/- was demanded by serving registered notice through counsel but when defendant failed to pay the amount, then suit was filed for recovery of Rs. 5,950/- along with interest of Rs. 4165/- but said suit was dismissed on account of non-production of original bahi in which said transaction was allegedly recorded.