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High Court of Punjab and HaryanaRSA/367/2017disposed of

Sant Ram v. Ram Dhan Since Deceased Through His Lrs

2018-10-30Mr. Justice Amit Rawal2 pages

RSA No.367 of 2017 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.367 of 2017 (O&M) Date of Decision.30.10.2018 Sant Ram ....Appellant Vs Ram Dhan (since deceased) through LRs

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Deepak Sharma, Advocate for the appellant.

-.- AMIT RAWAL J. (ORAL) C.M. No.810-C of 2017 For the reasons stated in the application, delay of 80 days in filing of the appeal is condoned.

Application is allowed.

C.M. No.811-C of 2017 For the reasons stated in the application, delay of 57 days in re-filing of the appeal is condoned.

Application is allowed.

RSA No.367 of 2017 Learned counsel for the appellant defendant has drawn attention of this Court to para 12 of the judgment of the Trial Court, which has not been disputed, in essence, he submitted that entitlement of the plaintiff to recover `1 lac with interest @9% per annum from the date of mortgage dated 21.04.2004 till filing of the present suit and future interest @6% per annum from the date of filing of the suit till actual realization is the correct interpretation but in the relief clause, ordered for recovery of `1,78,000/- along with interest PANKAJ KUMAR 2018.11.02 14:28 I attest to the accuracy and integrity of this document

RSA No.367 of 2017 (O&M) -2calculated up to date in the loan account of defendant along with interest @9% per annum from the date of mortgage till filing of the suit and future interest @6% per annum from the date of filing of the suit till its actual realization.

The specific arguments in this context was also raised before the lower Appellate Court but was not adverted to. I have gone through the judgment and decree of the lower Appellate Court and of the view that there is no such finding by the lower Appellate Court. In such circumstances, I am of the view that it would be appropriate for the appellant to seek review of the judgment passed by the lower Appellate Court being the last court of fact and law to get the alleged error apparent on the face of record corrected.

The appeal is disposed of in above terms.

(AMIT RAWAL) JUDGE October 30, 2018 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2018.11.02 14:28 I attest to the accuracy and integrity of this document