V.D.GYANI, A.G.QURESHI
M/s. BADRILAL JODHRAJ AND SONS. – Appellant
Versus
GIRDHARILAL – Respondent
( 1 ) BY this petition under Art. 227 of the Constitution of India, the petitioner challenges the orders, Annexures-2 and 3, passed by the District Judge, Indore (respondent No. 2) in Civil Revision No. 15 of 1985.
( 2 ) SHORT facts necessary for disposal of this petition are that the petitioner-firm filed Civil Suit No. 55-B of 1981, in the Court of VI Civil Judge, Class II, Indore against respondent 1 for recovery of Rs. 2860/- on the basis of a promissory note, executed by respondent 1. This suit was dismissed by the trial Court, vide its judgement and decree dt. 3-8-1984, holding that the promissory note in question was without consideration. The petitioner preferred an appeal, which was registered as Civil Regular Appeal No. 5-B of 1985. This appeal came to be heard by Shri S. K. Pandey, Addl. Judge to the Court of District Judge, Indore, who by his judgement and decree dt. 11-4-1985 allowed the appeal and decreed the petitioner's claim. This judgement and decree has been filed as Annexure-I to this petition. Respondent 1 preferred a Civil Revision (C. R. No. 15 of 1985) under S. 115, CPC before the District Judge, Indore. The petitioner objected to the very ma
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