HANUMAN PRASAD Vs. SURENDRA KUMAR

JUDGEMENT

(1.) Heard in details. In order to appreciate the controversy it is necessary to mention brief facts of the case.

(2.) A suit under Order 37 Code of Civil Procedure was filed by Hanuman Prasad against Surendra Kumar before Munsif Nagaur for recovery of Rs. 4316/-. The averments in the plaint are that a house was let out to Surendra Kumar by Nand Kishore. Rent of the house accumulated as the same was not paid. It amunted to Rs. 3,700.00. The defendant was unable to pay this amount to Nand Kishore. Plaintiff Hanuman Prasad intervened and then the house was vacated. It was agreed that an amount of Rs. 3,000.00 will be paid by the defendant instead of Rs. 3,700.00. The defendant then executed a pro-note for Rs. 3,000.00 and agreed to pay the amount within one month. Nand Kishore made a demand many a time but the amount remained unpaid. Since Hanuman Prasad was a mediator he had to pay the amount of rent alongwith interest to Nand Kishore. Then pronote was endorsed in his favour. The plaintiff asked the defendant to pay him a sum of Rs. 4,170.00 together with interest but he did not pay. Therefore, the suit was filed and the plaintiff prayed that the suit be decreed for Rs. 4,316/- in favour of plaintiff together with interest @ 18%. The defendant appeared and prayed for leave to defend. The learned Munsif granted conditional leave to defend. The condition was not fulfilled. Learned Munsif then decrred the suit on 5.2.88 for an amount of Rs. 3,000.00 with pendentilite and future interest @ 6%.

(3.) An appeal was preferred before the learned Additional District Judge, Nagaur who by his judgment dated 1.8.89 allowed it and held that the relief was sought beyond Order 37 of CPC. The decree was set-aside and it was ordered that the suit be tried as a regular suit.