PRATAP SINGH Vs. SATYA DEVI

JUDGEMENT

(1.) This order is meant to dispose of the preliminary objection raised by the learned counsel for the respondent regarding maintainability of the present appeal.

(2.) The facts relevant for the purpose of disposal of the said preliminary objection are that predecessor-in-interest of the respondents-plaintiffs (hereafter referred to as 'the respondents') instituted a suit against the appellant defendant (hereafter referred to as 'the appellant') for rendition of accounts and recovery of the due amount i.e. Rs. 15,000/-. The trial Court decreed the suit for rendition of accounts to the extent of Rs. 1,000/-. The respondents preferred an appeal which was allowed by the learned District Judge, Hamirpur and a decree for recovery of Rs. 14,000/- along with interest was passed in favour of the respondents against the appellant. The aggrieved appellant preferred the present appeal. The Memorandum of Appeal was initially filed on 22-12-2001. however, it was held under various objections including being unstamped and was returned to the learned counsel for the appellant on 3-1 -2002 for removal of the objections and was refiled on 25-7-2002. When this appeal came up for admission, the preliminary objection regarding maintainability of the appeal was raised.

(3.) I have heard the learned counsel for the parties on the said preliminary objection.