LAWS(P&H)-1987-12-40

RANJIT SINGH Vs. DARSHAN SINGH

Decided On December 14, 1987
RANJIT SINGH Appellant
V/S
DARSHAN SINGH Respondents

JUDGEMENT

(1.) THIS Revision Petition has been filed by the Plaintiff against the order of the Subordinate Judge First Class, Samrala, dated February 19, 1985 holding that the document dated December 31, 1983 is not an agreement, but a bond. The learned Counsel for the Petitioner has argued that if the document is read as a whole, it would show that no liability is created by this document and, therefore, it is not a bond. According to him, it was an agreement by which certain previous accounts were settled by them. In support of his contention, he places reliance on The Dadri Roadways Private Ltd. v. M/s Chinaria Transport Company (Regd), 1971 R.L.R. 531, and Vijay Kumar Jain v. M/s Simplex Hosiery Factory, 1978 R.L.R. 133.

(2.) I have duly considered the argument, but do not find any substance therein. In the document it is said that the Defendant -Respondent shall pay an amount of Rs. 85,000/ - in three instalments of Rs. 30,000/ -, Rs. 30,000/ - and Rs. 25,000/ - respectively on specified dates. Thereafter, certain other liabilities of the parties are mentioned therein. There is no reference of any document in which the said liabilities were created.