MOHI-UD-DIN KAUSA Vs. CHANDRA MOHAN

JUDGEMENT

(1.) THIS is a revision petition directed against the decree of the Judge Small Causes Court Srinagar dated 23 -4 -65 whereby the learned Judge has passed a decree for Rs. 400 and costs in favour of the respondent against the petioner. For disposal of this revision petition the following narration of facts is necessary.

(2.) A suit for Rs 400 was originally instituted against the petitioner on 23 -3 -58 by Chandra -mohan minor under the guardianship of Lala Goverdhan Das owner and manager of the firm Chandramohan Bros." The suit was for price of certain goods worth Rs. -4255/ - purchased by the petitioner from the respondent from 4th Bhadon 2011 to llth Katik 2012. Against this the plaintiff admitted payment of Rs. 3820 from 7 -1 -2013 to 24 -2 -2013 (B)leaving a balance of Rs 365 -6 -6 Adding to this amount Rs. 35 -9 -6 by way of interest, the plaintiff claimed a decree for Rs. 400 against the defendant.

(3.) THE defendant in his written statement denied the liability He stated that he had overpaid the plaintiff and raised other pleas also The trial court of the judge Small Causes Court, Srinagar dismissed the suit on 31 -10 -61. A revision against that order was preferred in this court which was "heard by my learned predecessor Nair J. who accepted the revision by his order dated 8th June 62. My learned predecessor further allowed the plaintiff an opportunity to amend his plaint, if and when a request for such amendment was .made by the plaintiff.