AYSHA BAI Vs. DALEEP SINGH

JUDGEMENT

(1.) THE petitioners have applied for review of our decision dated 4th January, 1960 given in First Appeal No. 68 of 1954.

(2.) THE appeal arose out of a suit for recovery of Rs. 5,000/- from the defendant. In the written statement, the defendants admitted the claim to that extent, but at the same time, pleaded that there were further transactions between the parties on mutual and current account, as a result of which the entire amount due to the plaintiff had been paid off and that in fact, on adjustment the defendants were entitled to recover a further sum of Rs. 6,319/12/9 from the plaintiff for which the defendants preferred to a counter-claim in the suit and paid court-fee thereon. THE suit was instituted on the 1st February, 1951. THE trial court dismissed the claim of the plaintiff, but decreed the counter-claim of the defendants for a modified sum of Rs. 4,240/2/9 on 31st July, 1954. Against that decree, an appeal was filed to this Court on 18th October, 1954 and eventually decided by us under the judgment which is sought to be reviewed. It should be observed that when the appeal was filed, the defendants-respondents also preferred a cross-objection in which they prayed for a decree for the entire amount of their counterclaim This Court held that the defendants had not been able to substantiate their claim, while the plaintiff's claim had been established. In that view, this Court reversed the decision of the trial court and decreed the suit of the plaintiff with costs throughout dismissing the counter-claim of the defendants.