CHARANJI LAL Vs. AGGARWAL SHOE COMPANY

JUDGEMENT

(1.) THIS is a defendant's second appeal and arises out of the following facts : The plaintiff-respondent Messrs Aggarwal Shoe Company, through its partner Virinder Kumar, filed a suit for the recovery of Rs. 2600/- taken on the basis of a pronote and receipt dated 12.1.1977 (Ex.D-1) against appellant Charanji Lal. The appellant having admitted its execution contended that he re-paid a sum of Rs. 2400/- along with interest upto 17.8.1977 and that Virinder Kumar had issued a receipt Exhibit D-1 in token of having received the said amount. An objection was also taken that the plaintiff's firm was not a registered one although it was admitted that Virinder Kumar was its partner.

(2.) ON the pleadings of the parties, the following issues were framed by the trial Court :

(3.) I have gone through the record as also the judgments of the courts below. The learned trial Court has found that the receipt with regard to the re- payment was a fabricated one. This finding of fact recorded by the trial Court was thereafter endorsed by the lower appellate Court. The additional reason for the dismissal of the appeal at the hands of the lower appellate Court was that the appeal was not maintainable. It is thus clear that the lower Appellate Court had gone into the merits of the controversy in addition to the question of the maintainability of the appeal. Twenty-two years have gone by since the suit was filed for the recovery of a paltry amount. Leaving technicalities aside, I am of the opinion that this litigation must end. The findings of fact recorded by the courts below are accordingly endorsed without going into the legal issue raised. Dismissed. Appeal dismissed.