PREM CHAND Vs. SHIV SINGH

JUDGEMENT

(1.) PETITIONER -defendant Prem Chand, by filing this revision petition under Article 227 of the Constitution of India, has challenged the order dated 29.11.2008, passed by the learned Additional District Judge, Jalandhar, whereby in exercise of appellate jurisdiction, the judgment and decree dated 31.10.2007 passed by the learned trial Court dismissing the suit for recovery, filed by the respondent -plaintiff -Shiv Singh, was set aside and the case was remanded back to the trial Court to decide it afresh on merits.

(2.) FACTS which emerge are that the petitioner -defendant executed a pronote and receipt dated 2.5.2000 for a sum of Rs. 40,000/ - in lieu of loan taken from plaintiff -respondent -Shiv Singh. The petitioner -defendant had also agreed to pay interest @ 2% per annum. Since the loan was not repaid, plaintiff -respondent filed a suit for recovery of Rs. 61,600/ - (including interest @ 1.5% per annum) on 2.5.2003 alongwith an application for seeking the permission of the Court for making good the deficiency in payment of Court fees as the proper Court fees was not available in the Treasury.

(3.) THE learned trial Court after hearing both sides dismissed the suit holding that it was barred having been filed one day beyond the 3 -year period of limitation.