Rameshwar Singh Malik, J. - (1.) FEELING aggrieved against the concurrent findings of fact recorded by both the learned courts below, defendants have approached this Court by way of instant regular second appeal, in a suit for recovery.
(2.) BRIEF facts of the case are that defendant -appellant No. 2 Sumeer Joseph son of defendant -appellant No. 1 -Dr. Joseph K. Masih, entered into a service contract with the plaintiff -respondent. At the time of joining service, defendant No. 1 furnished a bond, having its terms and conditions, agreed between the parties. It is also not in dispute that defendant No. 1 served with the plaintiff only for a period of 21 months. Since defendant No. 1 left the job, plaintiff -company filed the present suit for recovery of Rs. 28,840/ - including interest up -to 15.8.2006 together with cost and future interest @ 18% per annum from the date of filing of the suit till its realisation. After completion of pleadings of the parties, the learned trial Court framed the following issues: - 1. Whether the plaintiff is entitled to recovery of Rs. 28,840/ - alongwith interest as prayed for? OPP 2. Whether the present suit is not maintainable in the present form? OPD 3. Whether the plaintiff has not come to the Court with clean hands and has suppressed material facts of the case as prayed for? OPD
(3.) WHETHER the defendants are entitled to recovery as prayed for? OPD;