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1950 Supreme(Raj) 151

SHARMA
MADHOLAL – Appellant
Versus
BRIDHICHAND – Respondent


Advocates Appeared:
P.C.Bhandari, S.N.Saxena

Judgment


SHARMA, J.

( 1 ) THIS is an application by Madholal defendant to revise the order of the learned Judge, Karauli, remanding the case to the Court of the Munsif, Karauli, for decision according to the observations made in the appellate judgment. Originally, the defendant filed a second appeal but on the objection of the counsel for the opposite party that; no appeal lay against the order of the appellate Court, the defendant made an application that the appeal might be treated as a revision, as no appeal lay against the order of the lower Court. The facts giving rise to the revision are as follows; The plaintiff opposite party filed a suit against the defendant-applicant on the ground that he had been paid Rs. 300 by the plaintiff on 8-10-1943 for the purpose of purchasing 4 Mds. of Ganja from Sanawar in erstwhile Indore State, 2 Mds. of Genja valued at Rs. 150-11 was purchased by the defendant and made over to the plaintiff, Rs. 19-7 were spent on railway fare. Thus only Rs. 172-2 were spent out of the sum of Rs. 300, and the balance of Rs. 127-14 remained due from him which had not been paid. The plaintiff claimed this amount of Rs. 127-14 with interest at the rate of re 1








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