MAHENDRA SINGH Vs. DATARAM

JUDGEMENT

(1.) The respondent instituted M.S. No.129 of 1961 in the Court of the Subordinate Judge, Cuttack against the appellant claiming for a decree for Rs.10,723.63. The basis of the claim was that the respondent had advanced loans to the appellant on different dates and the aforesaid amount still remained unpaid. The appellant denied the claim altogether, but on the other hand, preferred a counter claim praying for a decree on mutual accounts in his favour. Whereas, the respondent paid an ad valorem court-fee on the amount claimed against the appellant, the latter valued the counter-claim tentatively at Rs.100/- and paid court-fee thereon.

(2.) By judgment dt. 9-3-1964 a preliminary decree was passed on the following terms :-

(3.) In the final decree proceeding a Pleader Commissioner was appointed for taking of the accounts. On consideration of his report the trial Court on 14-10-76 passed a final decree to the following effect :-