Lal Chand Gurbax Rai vs Market Committee Nakodar
2023 Latest Caselaw 1312 P&H

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



                                   CM-486-C-2023 in/and
                                   R.S.A No. 1846 of 1992(O&M)
                                   Date of Decision: January 20, 2023

Lal Chand Gurbax Rai                           .....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-486-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. 1846 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.

Brief facts necessary for adjudication of the matter are that the

suit filed by the appellant - plaintiff seeking recovery of Rs. 1857.54 P i.e.,

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CM-486-C-2023 in/and

the price of 15 bags of onion weighing 737-50 kg and one bag of Chillies

weighing 43 kg as per Form I no.1905 dated 21.22/1/88 and Form I no. 579

dated 21.01.88 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. 1857.54p 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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