SHRI KHUSIRAM Vs. SHRI SWAROOP NARAYAN

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff against the decree of the Additional District Judge No. 1, Jodhpur dated December 23, 1977 affirming the decree passed by the Additional Civil Judge, Jodhpur, on October 25, 1975 whereby the suit of the plaintiff was dismissed.

(2.) BRIEF facts of the case are that the plaintiff appellant instituted Civil Suit No. 32 of 1976 against the respondent for the recovery of a sum of Rs. 5280/-on the basis of a promissory note. The defence set up by the respondent was that he had pledged goods worth Rs. 9476/- with the plaintiff as a security for this loan and the plaintiff cannot claim the money unless he returned the pledged goods. Both the courts below have concurrently found that the defendant had pledged goods worth Rs. 6230/- with the plaintiff. It was held that the plaintiff had no right to file the suit on the basis of the promissory note and all he could do was to file a suit for recovery of the amount due against the defendant after sale of the pledged articles.