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2017 DIGILAW 1434 (HP)

Himachal Pradesh Financial Corporation v. Rajinder Kumar Sharma

2017-12-22

SURESHWAR THAKUR

body2017
JUDGMENT : Sureshwar Thakur, J. 1. The plaintiff instituted a suit against the defendants claiming therein a decree, for recovery of Rs.2,59,437/- along with legally accruable interest thereon. The learned trial Court, after, striking issues, upon, the contentious pleadings of the parties at contest, besides after its receiving their respective evidence thereon, hence, concluded (a) of statements of accounts, borne, in EX.PW1/A being credible, besides also being credible for acceptance; (b) of the plaintiffs' claim for interest @14.5% per annum along with quarterly rest, not being, amenable for acceptance; (c) rather the plaintiff being entitled, for, simple interest @ 14.5 % per annum without quarterly rest. The aforesaid liabilities were jointly and severally fastened upon defendants No.1 and 2, by the learned trial Court. 2. Be that as it may, enigmatically in the operative part of the judgment, recorded by the learned trial Court, it also made a pronouncement, for calculation of accounts, with regard to the liability (ies) of the defendants, in respect of the loan amount. The aforesaid pronouncement, occurring, in the operative part of the judgment recorded by the learned trial Court, is prima facie, in gross dis-concurrence vis-a-vis the affirmative findings recorded by it, upon Ex.PW1/A and upon Ex.PW1/B, (i) thereupon, also the rendition of the aforesaid pronouncement by the learned trial Court, appears to occur, upon, its purportedly misconstruing, the plaintiff's suit being for rendition of accounts, in suit whereof alone, the makings of the aforesaid pronouncement, in the operative part thereof, would rest upon a valid pedestal. However, with the plaintiff's suit, contrarily, being for recovery(ies) of sums of money, borrowed from it, by the defendants, besides with the learned trial court imputing sanctity to Ex.PW1/A and to PW1/B, (ii) thereupon, it was enjoined, to, make a fresh determination, of, the pecuniary liability(ies) of the defendants concerned, rather to make an order for rendition of accounts, order whereof is pronounceable only in a suit for rendition of account, whereas, the extant suit un-controvertedly, is not a suit for rendition of accounts. 3. The effect of the aforesaid discussion is that the instant appeal is allowed and judgment impugned before this Court is quashed and set aside. 3. The effect of the aforesaid discussion is that the instant appeal is allowed and judgment impugned before this Court is quashed and set aside. In sequel, the matter is remanded to the learned trial Court, to enable it, to within two months from today, in accordance with law, hence, make a pronouncement, upon the apposite civil suit, without its incorporating in the operative part of its judgment, any pronouncement, for rendition of accounts or calculation of accounts being made by the litigant concerned, in respect of the pecuniary liability(ies), of the defendants concerned, arising from borrowings of money made by them, from the plaintiff. The parties are directed to appear before the learned trial Court on 12th January, 2018. All pending applications also stand disposed of. Records be sent back forthwith. No costs.