JETHMAL Vs. HIRALAL

JUDGEMENT

(1.) THIS is a special appeal by leave under Section 18 (2) of the Raiasthan High court Ordinance 1949, against a decree of a learned single Judge of this Court dated 13th May, 1966 passed in S. B. Civil Second Appeal No. 748 of 1960. By this decree the learned single Judge accepted the appeal of the plaintiff-respondent hiralal and reversed the iudgment and decree passed by the first appellate Court on 27th August 1960 against Himmatram defendant and restored the trial Court's decree against Jethmal defendent. The learned single Judge, however, maintained the dismissal of the suit against the defendant respondent Ratanlal.

(2.) THE facts relevant for the disposal of the appeal may be stated at the outset.

(3.) THE plaintiff respondent Hiralal instituted a suit for the recovery of Rs. 6,215/in the Court of the District Judge, Jodhpur, against the three defendants, namelv. Ratanlal (respendent No. 2) Jethmal (appellant) and Himmatram (respondent No. 3 ). The suit was. however, transferred to the Court of Civil Judge. Jodhpur. The case as set out in the plaint is as follows:--