VED PARKASH Vs. KARAM NARAIN

JUDGEMENT

(1.) This appeal filed by the plaintiff Karam Narain has arisen in the following circumstances:

(2.) Karam Narain filed an application against the respondent Ved Parkash before a Tribunal under Section 10 of the Displaced Persons (Debts Adjustment) Act, on 20-8-1953, for the recovery of the sum due on account of principal and interest on a pronote alleged to have been executed in his favour by Ved Parkash on 15-9-1950. His application was dismissed by the Tribunal on 23-81954 on the finding that the debt was not a debt within the meaning of the Act which could be recovered under Section 10.

(3.) This decision was challenged by Karam Narain by means of a revision petition filed in the High Court. The date of the filing of this petition is not on record, but it appears to have been agreed between the parties that it was filed sometime in December,, 1954, about four months after the dismissal of the application by the Tribunal. The question involved in the revision petition was referred by me to a Division Bench, which ultimately dismissed the revision petition holding that the debt in dispute was not a debt covered by the Act, on 6-4-1956, and on that very date the plaint was presented in the present suit which was for the recover of Rs. 1600/- as principal and interest on the pronote.