Darshan Lal vs Market Committee Nakodar

103-b        IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH



                                   CM-484-C-2023 in/and
                                   R.S.A No. 1847 of 1992(O&M)
                                   Date of Decision: January 20, 2023

Darshan Lal                                           .....Appellant

                    Versus

Market Committee                               ...... Respondent


CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:     Mr. S.S. Brar, Advocate for the appellant.

                           *****

LISA GILL, J.

CM-484-C-2023 For the reasons mentioned in the application as well as arguments addressed, order dated 09.12.2022 is recalled and appeal is restored to its original number.

At request and with the consent of learned counsel for the appellant, appeal is taken up for hearing today itself.

Application is, accordingly, disposed of.

R.S.A No. 1847 of 1992(O&M) This appeal has been preferred by the appellant-plaintiff, challenging judgment and decree dated 08.05.1992, passed by the learned Additional District Judge, Jalandhar, whereby appeal of the respondent- Committee, has been accepted and judgment and decree 12.04.1989, passed by the learned Sub Judge Ist Class, Nakodar, has been set aside.

1 of 2 ::: Downloaded on - 26-01-2023 00:30:47 ::: CM-484-C-2023 in/and R.S.A No. 1847 of 1992(O&M) -2- Brief facts necessary for adjudication of the matter are that the suit filed by the appellant - plaintiff seeking recovery of Rs. 834.46P i.e., the price of 10 bags of onion weighing 892 ½ kg as per Form I no.1030 dated 21.1.88 issued under the Punjab Agricultural Produce Markets Act, 1961 was decreed. Appeal filed by the respondent - Committee was allowed and judgment and decree 12.04.1989, passed by the learned Sub Judge Ist Class, Nakodar was set aside. Aggrieved therefrom, present appeal has been filed.

Learned counsel for the appellant is unable to deny that at the time of filing of this appeal in the year 1992, Regular Second Appeal for a claim less than Rs.3,000/- was not maintainable. The amount claimed in this appeal is admittedly Rs. 834.46p, without any component of interest etc. Accordingly, present appeal is dismissed.

                                                              (LISA GILL)
January 20, 2023                                                JUDGE
rts
           Whether speaking/reasoned           : Yes/No
           Whether reportable                  : Yes/No




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