PITAMBAR DAS Vs. RAJMATA SRIMATI SHANTI DEVI

JUDGEMENT

(1.) The suit, out of which this second appeal by a defendant, has arisen, has had a chequered career. Rajmata Shanti Devi of Bushahr instituted a suit against Pitambar Das (the appellant in this Court) for the recovery of Rs. 3,000 on 5-121950. The suit was dismissed by the trial Court (Senior Subordinate Judge of Mahasu) on 31-12-1951. The plaintiff then went up in appeal to the learned District Judge, who, on 21-81952, remanded the suit to the trial Court with certain instructions. Against that remand order, the defendant Pitambar Das came up in revision to this Court. My learned predecessor, on 3-6-1953, set aside the order of remand made by the District Judge and submitted, therefor, an order under Order 41, Rules 25, Civil P. C. The Court of first instance allowed the plaintiff to amend her plaint, so as to enable her to fall back upon the original consideration. It then made the necessary inquiry and submitted its report on 2-8-1954. The learned District Judge heard the parties again and as per his order dated 31-81954, set aside the decision of the trial Court dated 31-12-1951 and granted the plaintiff decree for Rs. 3000 with future interest at 3 1/4 per cent. per annum. It is against this decision that Pitambar Das has come up in second appeal.

(2.) Arguments of the learned counsel for the parties were heard on the 19th and 27th instant. I now proceed to deliver the judgment. For reasons to be stated shortly. I am of the opinion that there is no force in this appeal.

(3.) I shall take up the arguments advanced before me seriatim.