SAMPAT Vs. KISAN

JUDGEMENT

(1.) 1. The plaintiff's suit was for recovery of Rs. 40 as damages for the breach of contract of marriage. Defendant-1 was to have been married to the plaintiff. Defendant 2 is her brother and defendant 3 a mere stranger but is alleged to have contributed to the breach. Defendants 1 and 3 denied knowledge of the contract but defendant 2 admitted its existence but pleaded breach on the part of the plaintiff.

(2.) THE pleadings led to the framing of the following issues for trial:

(3.) THE trial Court found no substance in this objection and passed a decree in terms of the award directing defendant 2 to pay to the plaintiff Rs. 141 as damages. The Court further ordered defendant 2 to pay the costs of the plaintiff. Against this decree all three defendants appealed though no decree was passed against defendants 1 and 3. The lower appellate Court held that no appeal lay against the decree and assuming that it did lie, it held that no irregularity of procedure adopted by the arbitrators was pointed out to justify the upsetting of the award. The first appeal was accordingly dismissed and again all the defendants have preferred this second appeal.