TARA CHAND Vs. JOGINDER SINGH

JUDGEMENT

(1.) This revision petition has been filed by the defendant against whom money decree for a sum of Rs. 6000/- was passed by the learned trial Court. The petitioner filed an appeal against the judgment and decree of the learned trial Court before the District Judge who passed the following order at the time of admission of the appeal :-

(2.) Since the necessary amount was not deposited in the trial Court as was ordered by the learned District Judge on October 16, 1987, the appeal was dismissed by the Appellate Court on December 7, 1987 by passing the following order :-

(3.) The petitioner by way of this civil revision petition has challenged,he legality and the validity of the above-mentioned orders on the ground that the deposit of the amount decreed under a money decree cannot be a condition precedent for valid presentation of the appeal. For the aforesaid proposition of law he has relied on the ratio of law laid down in Union Bank of India and another v. Jagan Nath Radhey Shyam and Co. and another, 1979 AIR(Del) 36.