RAMJI DASS Vs. INDER

JUDGEMENT

(1.) THE petitioner Shri Ramji Dass filed a suit against the respondents for the recovery of Rs. 500/ in the Court of the Subordinate Judge, Nalagarh. The trial Court vide its judgment and decree dated 23 11 1968 decreed that suit as prayed in favour of the petitioner. An appeal against the judgment and decree of the trial Court was preferred by respondent No. 1 in the Court of the District Judge, Simla. This appeal was admitted by the District Judge on 24 12 1968. The learned District Judge accepted the appeal, reversed the decree of the trial Court and vide his judgment dated 25 7 1969 dismissed the suit of the plaintiff petitioner.

(2.) THE petitioner then filed regular second appeal in this Court against the appellate judgment of the District Judge. That appeal was registered as R. S. A. No. 3 of 1970 in this Court. Later on realizing that in view of the express provisions of Section 42 (2) of the Punjab Courts Act, 1918 which was then in force, no second appeal could lie in the instant case, the petitioner made an application praying that his appeal be treated as a revision and that this Court should quash the decree of the District Judge in exercise of its revisional powers inasmuch as the District Judge had passed the impugned judgment and decree without jurisdiction. That application was allowed and the appeal was ordered to be treated as a revision.

(3.) THE relevant provision which deal With the appeals from the decrees and orders of the Subordinate Judges at the relevant time is found in Section 39 of the Punjab Court Act. 1918 which reads: