PUNJAB STATE Vs. KASHMIRI LAL

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 04.01.1985 passed by learned Sub Judge Ist Class, Muktsar, whereby the suit for permanent injunction filed by the respondent/plaintiff was partly decreed as well as against the judgment and decree dated 09.01.1987 passed by learned Additional District Judge, Faridkot, whereby the appeal preferred by the respondent/plaintiff has been accepted and the suit of the plaintiff has been decreed with costs.

(2.) FOR convenience sake, reference to parties is being made as per their status in the civil suit.

(3.) THE detailed facts of the case are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, the facts relevant for disposal of this second appeal are to the effect that plaintiff along with one Kehar Singh, a partner of Dashmesh Oil and Flour Mills, Muktsar, signed a blank surety form whereby they made themselves liable jointly and severally in the sum of Rs.10,000/ - to the Government. The surety bond was signed by them on 19.10.1974 and Daljit Singh another partner signed a personal bond on behalf of the firm. The firm ran into losses and large amount was found due against the firm. Plaintiff was called upon by defendant No.2 to appear before him and show cause as to why recovery of Rs.22805.55 outstanding against the firm be not made from him. He appeared before defendant No.2 and requested for supply of copy of the surety bond. Defendants, however, continued to harass him and also called upon Kehar Singh to make payment of Rs.10,000/ - on 06.05.1977 and thus the surety bond was fully satisfied. On 04.10.1982 he received notice calling upon him to deposit Rs.21492/ - as balance tax outstanding against the firm. Hence, the suit for permanent injunction was filed.