Tejinder Singh & Anrs vs M/S Pb.Tractors Ltd
2024 Latest Caselaw 5412 P&H

Punjab-Haryana High Court

Tejinder Singh & Anrs vs M/S Pb.Tractors Ltd on 11 March, 2024

                                                          Neutral Citation No:=2024:PHHC:034203




                                                          2024:PHHC:034203

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

211
                                                  RSA-4-1999 (O&M)
                                                  Date of decision: 11.03.2024

Tejinder Singh and another                                         ....Appellants
                                    Versus
Punjab Tractors Limited                                           ....Respondent

CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:      Mr. D.V. Sharma, Senior Advocate with
              Ms. Shivani Sharma, Advocate for the appellants.

              None for the respondent.

NAMIT KUMAR J. (Oral)

1. The appellants have filed the instant appeal against

judgment and decree dated 17.01.1995 passed by learned Addl. Senior

Sub Judge, Kharar and judgment and decree dated 25.09.1998 passed by

learned Additional District Judge, Ropar.

2. Brief facts of the case are that the respondent-company

filed a suit for recovery of Rs.14,829/- against the appellants/defendants

which was decreed by learned Addl. Senior Sub Judge, Kharar vide

judgment and decree dated 17.01.1995 in favour of the

respondent/plaintiff along with 6% interest on the principal amount

from the date of filing of the suit till realisation of the decretal amount.

The said judgment and decree was challenged by the

appellants/defendants in Civil Appeal No.RT167/1995 which was partly

allowed by learned Additional District Judge, Ropar vide judgment and

decree dated 25.09.1998 and judgment and decree dated 17.01.1995

passed by the trial Court was modified to the extent that the suit of the

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2024:PHHC:034203

respondent-company for recovery of Rs.10,000/- is decreed with costs

along with interest @ 6% per annum from the date of filing of the suit

till realisation of the decretal amount. The said judgments and decrees

were challenged by the appellants/plaintiffs in the instant regular second

appeal.

3. Learned counsel for the appellants submits that during the

pendency of the present appeal, appellant No.2 has unfortunately died.

4. I have heard learned counsel for the appellants and perused

the relevant record.

4. The instant appeal was admitted on 31.03.1999 and there is

no interim order of stay of the judgment and decrees passed by the

Courts below. Even otherwise, the recovery suit filed by the respondent-

company was only for Rs.14,829/- which has finally been modified by

the lower Appellate Court to Rs.10,000/- along with interest @ 6% per

annum. Section 102 of CPC provides that no second appeal shall lie

from any decree, when the subject matter of the original suit is for

recovery of money not exceeding twenty-five thousand rupees.

5. In view of the above, the present appeal is disposed of

accordingly.

6. Applications pending, if any, shall stands disposed of

accordingly.

                                                        (NAMIT KUMAR)
11.03.2024                                                  JUDGE
kothiyal
               Whether speaking/reasoned:               Yes/No
               Whether reportable:                      Yes/No

Neutral Citation No:=2024:PHHC:034203

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