This first appeal of the appellant-defendant is arising out of the judgment and decree dated 13.09.1990 passed by the learned District Judge, Pali in Civil Suit No. 7/1976 “Firm Bakhatwarmal Roop Chand Khimada (Khinwada) Vs. Manak Chand S/o Hasti Mal Oswal Chopra” by which, the learned District Judge, Pali had decreed the suit filed by the plaintiff Firm seeking recovery of money of Rs.15,575/- from the

S.B. CIVIL FIRST APPEAL NO.179/1990. Manak Chand S/o Hastimal Ji Oswal Chopra Vs. Firm Bakhatwarmal Roop Chand Khimada (Khinwada)

.. Judgment dated 12.03.2015

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defendant on account of loan of Rs.13,000/- taken by the defendant in the capacity of Karta for the family needs.

The present first appeal has been filed by the appellant, who was the defendant against the grant of decree of money recovery by the learned Trial Court.

Today, the learned counsel Mr. K.C. Samdariya appearing for the respondent-plaintiff-decree-holder submits that in execution of the decree under appeal, the payment of the money in question has been received by the respondentplaintiff-decree-holder and thus with the decree satisfied, therefore, the present first appeal filed on behalf of the defendant has become infructuous and the same is liable to be dismissed as such. Nobody is present on behalf of the appellant-defendant to controvert the statement of the learned counsel for the respondent-plaintiff-decree-holder Mr. K.C. Samdariya.

Accordingly and in view of the statement made by the learned counsel for the respondent-plaintiff-decree-holder, the present first appeal filed by the appellant-defendant- Manak Chand S/o Hasti Mal is dismissed as having become infructuous. No orders as to costs. A copy of this order be sent to the Trial Court below and the parties concerned forthwith.

(Dr. VINEET KOTHARI), J.

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/Mohan/ / 7 /

Manak Chand v. Firm Bakhatawar Mal Roop Chand

Case brief