Thus, there is absolutely numbernecessity to go into other aspects of the appeal, especially when on factual side, as detailed above, the decree, number appealed against by the present appellant, passed by the first appellate Court, has become final between the parties, which has created a legal bar for the maintainability of the present appeal whereby the decree passed in the other suit has been assailed.
for the Petitioner O R D E R The following Order of the Court was delivered This special leave petition arises from the judgment of the Himachal Pradesh High Court, made on September 18, 1996 in Second Appeal No.215 of 1987.
However, the petitioner did number carry the matter in second appeal against his suit for damages and was companytent with filing an appeal against the decree of damages granted against him.
The petitioners suit was dismissed and the respondents suit was also dismissed by the trial Court but on appeal filed by the respondents, it was allowed and was decreed for recovery of Rs.24,875/ .
Admittedly, both the petitioner and the respondents had filed civil suits claiming damages against each other.
The petitioner filed second appeal against the decree which was admitted.
