WALI ULLAH, SANKAR SARAN, JJ.

( 1 ) THESE are two connected applications for leave to appeal to the Federal Court under Order 45, rule 2, Civil P. C. One is by the plaintiffs and the-other by the defendants. Both these applications arise out of Suit No. 66 of 1936 filed in the Court of the Civil Judge of Aligarh for recovery of a certain sum of money. The suit was contested by the defendants who claimed a set off and damages etc. , to the extent of about Rs. 28,000/ -. Eventually the learned Civil Judge dismissed the claim of the plaintiffs but decreed the claim of defendant 1, R. C. Sharma, viz. , the applicant before us in F. C. A. No. 9 of 1947, for Rs. 24,817-8-9 together with pendente lite and future interest at Rs. 6/- per cent. per annum with costs. Against the decree passed by the learned civil Judge the plaintiffs filed F. A. No. 396 of 1941 in this Court which was valued at Rs. 31,472-12-0 (later it appears that this sum was raised to Rs. 35,000/-) and defendant l filed cross-objections which were valued at Rs. 3000/- only. On 21-2-1947, this Court partly allowed the appeal but dismissed the cross-objections with the result that in substitution of the decree passed by the

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