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Judgment
S.N. Satyanarayana, J.—Plaintiff in O.S. No. 192/2003 on the file of the II Additional Civil Judge (Sr. Dn), Chitradurga, has come up in this second appeal impugning the Judgment and Decree dated 11.06.2010 passed in R.A. No. 24/2009 on the file of the Principal District and Sessions Judge, Chitradurga. Brief facts leading to this appeal are that the appellant herein, plaintiff in the original suit, filed suit for recovery of a sum of Rs. 54,867/- with interest. It is seen that the said suit came to be dismissed holding that the suit is barred by limitation and therefore plaintiff is not entitled for the relief of decree to recover the said amount, against which the plaintiff has filed an appeal in R.A. No. 24/2009 on the file of the Principal District and Sessions Judge, Chitradurga, wherein the Lower Appellate Court on re-appreciation of facts has held that the dismissal of the suit holding that the same is barred by limitation is erroneous. Hence set aside the same and passed the Judgment and Decree directing the first defendant to pay a sum of Rs. 17,923/- along with interest at 18% p.a., which includes the cost of Rs. 5,000/-. Being aggrieved by the same, the plaintiff has come up in this second appeal impugning the Judgment and Decree dated 11.06.2010 on the ground that as against the suit filed for recovery of a sum of Rs. 54,867/-, the Judgment passed by the Lower Appellate Court in decreeing the suit for a sum of Rs. 17,923/- is erroneous and the same is required to be decreed in its entirety.
On going through the Judgment impugned, it is seen that the Lower Appellate Court has taken into consideration the evidence available on record and also the payments that is made by the defendant Nos. 1 and 2 and taking that into consideration has rightly come to the conclusion that the plaintiff is entitled to receive a sum of Rs. 17,923/- from the first defendant only appears to be just and proper in the facts and circumstances of the case. Therefore, the Judgment and Decree passed by the Lower Appellate Court in restricting the claim of the plaintiff in a sum of Rs. 17,923/- with interest at 18% p.a., from the first defendant alone appears to be just and proper. In that view of the matter, this Court find that no grounds are made out to admit this second appeal inasmuch as no substantial question of law arise for consideration. Accordingly the same is dismissed.