LAWS(PAT)-2008-7-339

IMRANUDDIN KHAN Vs. WARIS IMAM

Decided On July 15, 2008
IMRANUDDIN KHAN Appellant
V/S
WARIS IMAM Respondents

JUDGEMENT

(1.) This Second Appeal has been preferred by the defendants against the judgment and decree dated 14.7.1986 passed by the 4th Additional. District Judge, Gaya in Money Appeal No.2 of 1984/7 of 1981. The learned Additional District Judge vide above judgment has dismissed the appeal and confirmed the judgment and decree dated 8.6.1981 passed by the Additional Munsif II, Gaya in Money Suit No. 20/1980/62/1978.

(2.) The facts lending to this Second Appeal are as follows; The appellants were defendants in the aforesaid suit. The plaintiff-respondent was a practicing Advocate at Gaya. He filed the suit against the defendant no.1 and his brother-in-law as original defendant no.2, Wazhat Hussain Khan, who was retired Sub-Inspector of police, for damages and compensation to the tune of Rupees one thousand along with some other reliefs. The suit was ultimately decreed on contest.

(3.) During the pendency of the suit the original defendant no.2 died and on his place his heirs were substituted as defendant nos. 2(a) to 2(c), who are appellants in this appeal as appellant nos.2 to 4. The defendants preferred the appeal against the judgment of lower court which was also dismissed, Thereafter, the instant Second Appeal has been filed.