RAM SARUP Vs. AVTAR SINGH CHADHA

JUDGEMENT

(1.) The plaintiff-appellant has filed this second appeal. The suit was filed for dissolution of partnership, rendition of accounts and also for recovery of the amount found due after rendition of accounts. An alternative prayer for recovery of Rs. 3,000/- was also made. The trial Court granted a decree in favour of the plaintiff-appellant in respect of the alternative relief. The lower Appellate Court has dismissed the appeal as not maintainable, holding that once an alternative relief is granted by the lower Court, appeal could not be preferred.

(2.) Learned counsel for the appellant submitted that the view taken by the lower appellate Court is erroneous in view of the decisions in Bariar Singh v. Durga Gir and others,1952 AIR(Patna) 476 and Velayudhan Nair, Gopalan Nair v. Ayyappan Pillai Madhavan Pillai and others. I find force in the submission of the learned counsel for the appellant. The appellant was entitled to show to the lower appellate Court that the initial relief was wrongly denied to him and the discretion to grant alternative relief was not properly exercised.

(3.) Accordingly, this appeal is allowed, the decree of the lower, appellate Court is set aside and the matter is remanded to the lower appellate Court for fresh decision on merits.