VIRENDER PAL Vs. PARMOD

JUDGEMENT

(1.) ALTHOUGH strictly speaking, averments made in the application (supported by affidavit), do not make out sufficient ground for condoning long delay of 143 days in filing the appeal, yet adopting liberal approach, the application is allowed and delay of 143 days in filing the appeal is condoned.

(2.) PLAINTIFF Virender Pal who was partly successful in the trial court but has been completely non-suited by lower appellate court has filed instant RSA No. 4985 of 2010 along with RSA No. 4986 of 2010, both having same title Virender Pal versus Parmod and another. Two appeals have been filed because there were two first appeals although there was only one suit in the trial court. Both these regular second appeals shall stand disposed of by this common order.

(3.) DEFENDANTS controverted the plaint averments and denied having received any amount from the plaintiff or having executed any agreement or receipt. The defendants alleged that both the parties were running joint business and plaintiff used to run the said business and had obtained signatures of defendants on some blank papers in connection with business and the plaintiff also removed some cheques signed by the defendants from the business premises.