J.V.Gupta, J. - (1.) This is defendant's second appeal against whom suit for recovery of Rs. 5200/- has been decreed by the two Courts below. The plaintiffs filed this suit for recovery of Rs. 5200/- on account of damages caused by the defendant Morinda Co-operative Sugar Mills to their Rabi 1979 and Kharif 1979 crops by discharging the waste water with sulphur and sugar contents from the Sugar Mill towards the railway track which entered the suit land of the plaintiffs. The suit was contested, inter alia on the pleas that no notice under the provisions of Punjab Co-operative Societies Act, 1961, was served upon the defendant. Hence the suit as such was not maintainable.
(2.) On merits, it was denied that the water of the Mill entered the fields of the plaintiffs and caused any damage to their crops. The trial Court after discussing the evidence, came to the couclusion that the plaintiffs had been able to prove that defendant No. 1 had discharged the waste water with sulphur and sugar contents from Sugar Mill to the suit land belonging to them and caused damage to the same as alleged. As a result to this finding, the plaintiffs suit was decreed for a sum of Rs. 5200/-.
(3.) In the appeal filed on behalf of the defendant Morinda Co-operative Sugar Mills, a preliminary objection was raised on behalf of the plaintiffs that the appeal as such was not maintainable in the absence of any resolution of the Co-operative Sugar Mill taking a decision to file the appeal as such. This objection prevailed with the learned Additional District Judge and consequently, he dismissed the appeal as not maintainable.;