GURDEV KAUR Vs. SAT PAL RAJ PAL

JUDGEMENT

(1.) C.M. No. 130-C of 2010 For the reasons stated in the application, CM is allowed and the delay of 29 days in refiling the appeal is condoned. R.S.A. No. 30 of 2010 and CMs No. 131-132-C of 2010 This regular second appeal is directed against the judgment and decree dated 22.7.2009 passed by the learned Courts below vide which the suit filed by the respondent/plaintiff for recovery of amount outstanding against the deceased-Jarnail Singh, has been ordered to be decreed.

(2.) The plaintiff filed a suit for recovery on the pleading, that late Sh. Jarnail Singh used to purchase pesticides from the respondent/plaintiff, and an amount of Rs.22,125/- (Rupees twenty two thousand one hundred and twenty five only) was due against Jarnail Singh. After the death of Jarnail Singh, the respondent/plaintiff filed a suit for recovery against the appellants on the pleadings, that the estate of late Sh. Jarnail Singh was inherited by the appellants and, therefore, they are liable to pay the amount due from Jarnail Singh out of the estate inherited by the appellants.

(3.) The appellant/defendants contested the suit by denying the averments made in the plaint and also by taking a specific stand, that whatever amount was due stood paid, and nothing was outstanding against late Sh. Jarnail Singh.