N.K. GRAM UDYOG MANDAL Vs. MEGHI DEVI

JUDGEMENT

(1.) THIS judgment shall dispose of four appeals being R.S.A. Nos. 2526, 3557, 3558 and 3617 of 2008 as the same arise from the identical facts and common questions are involved therein. For brevity, the facts are being taken from R.S.A. No. 2526 of 2008.

(2.) THIS regular second appeal filed by some of the defendants, i.e. defendants No. 1, 3 and 4 and' 8 to 10 is directed against the judgment and decree dated 6.5.2008 passed by the Additional District Judge (I), Bhiwani, whereby that of the Civil Judge (Senior Division), Bhiwani dated 10.5.2005 decreeing the suit of the plaintiff for recovery of Rs. 1,07,800/- with interest at the rate of 12% per annum, was modified to the extent that the plaintiff was entitled to recover principal amount of Rs. 70,000/- with interest pendente lite at the rate of 6% per annum and also future interest at the same rate only on the principal amount and the interest pendente lite would not be included in the principal amount while calculating future interest payable by the defendant.

(3.) UPON notice, the suit was contested by defendants No. 1, 3 to 5, and 8 to 10. Respondents No. 2, 6 and 7 were proceeded against ex parte whereas defendant No. 11 was given up.