KRISHEN LAL Vs. JAGDISH DUTT BADYAL

JUDGEMENT

(1.) THIS is an appeal under Clause 12 of the Letters Patent against an order of Mr. Justice All dated 24th November, 1961 allowing the application of the defendant for leave to appear and defend the suit under Order 37, Rule 2 of the Code of Civil Procedure filed by Shri Krishen Lal plaintiff for the recovery of Rupees 29,200/ - on the basis of a pronote.

(2.) A preliminary objection is raised on behalf of the defendant respondent that the order appealed against was not a judgment within the meaning of Clause 12 of the Letters Patent and the present appeal was not competent. It is argued that the order is merely an interlocutory order and does not finally dispose of the suit or the proceedings in the suit and therefore is not a judgment within Clause 12 of the Letters Patent.

(3.) EVEN on merits the plaintiff cannot succeed. The defendant in his application has stated that he was an agriculturist. This is a matter which is to be gone into by the Court and it is for the defendant to show that he is an agriculturist and the suit should be tried under the Agriculturists Relief Act. Moreover, the defendant in his application has Mentioned that he had made some payments to the plaintiff. This is also a matter which the defendant has to prove in the regular suit. Under these circumstances the learned trial Judge was fully Justified in allowing the defendant leave to appear and defend the suit. We do not see any good ground to interfere with his order and dismiss this appeal without any order as to costs.