LADHU RAM Vs. RAM KISHAN

JUDGEMENT

(1.) THIS second appeal has been filed by one of the defendants against whom the respondents' suit was decreed ex-parte by the trial court, the first appellate court dismissing the appeal on the ground that the deficiency in court fee on the memorandum of appeal was not made good within the limitation

(2.) WE have heard the learned counsel for the parties and have examined the record as well The facts of the case have been set out at length in the judgment of the learned Additional Commissioner, Bikaner and need not be repeated here. The validity of the lower court's judgment is assailed before us on two grounds. Each one of them shall be dealt with separately.