HASIM MIA Vs. ASHRAF ALI HAJI

JUDGEMENT

(1.) This Letter Patent Appeal is directed against the judgment and decree passed by the learned Single Judge in First Appeal No. 3/1990 dated 5.11.1998 thereby dismissing the appeal and affirming the judgment and decree dated 5.2.90 passed by the learned trial Court.

(2.) This appeal having been filed on 9.3.99 and is pending since then the present change in law in terms of the Code of Code of Civil Procedure Amendment Act, 2002, the maintainability of the letter patent appeal would not be affected and accordingly the appeal is heard to be decided on merit.

(3.) Heard Mr. T. Rajendra, learned Counsel for the Defendant No. 1 /Appellant and Mr. N. Kerani, learned Sr. Counsel appearing for the Plaintiff/Respondent.