Himachal Pradesh Court July 1959 Judgments

Union of India (Uoi) Vs. Sansar Chand and ors.

Court: Himachal Pradesh

Reported in: AIR1960HP1

T. Ramabhadaran, J.C.1. This appeal, by a plaintiff, arises out of a suit for the recovery of a sum of Rs. 32,726/-/-, representing the balance due to him (the plaintiff) from defendants 1 and 2 (Sansar Chand and Hari Chand) on account of the sale of the right to levy octroi at Chamba for 2005 B. The remaining defendants stood sureties for defendants 1 and 2 and were accordingly impleaded in the suit. After a protracted trial, the suit was dismissed by the learned Senior Subordinate Judge, Chamba on 31-8-1957. Hence, this appeal.2. When this appeal came up for hearing at Chamba on the 9th ultimo, three preliminary objections were raised by the learned counsel for the respondents to its competency. (A) The memorandum of appeal was not properly signed or presented, since Shri L.N. Sethi was not the Government Advocate of Chamba at the relevant period. (B) Talbana had not yet been paid. (C) The appeal was time-barred because when it was presented to the Court of the Senior Subordinate Jud...