S.B. Civil Second Appeal No.33/2003 State of Rajasthan & Ors. Vs. Mahesh Chandra Choudhary Date:26/08/2008 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. S.N. Gupta, Dy.GA, for appellants. Mr. Rajesh Kapoor, for respondent. BY THE COURT: Suit for recovery filed by the plaintiff- respondent was decreed by the trial court vide judgment and decree dated 22.7.1994 to the tune of Rs.21967.50 paisa. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment dated 26.2.2001. Learned counsel for the appellants submits that no opportunity of hearing was given to the defendant-appellants. After hearing learned counsel for the parties, I have carefully gone through the material on record. As has been observed by the lower appellate court that earlier the matter was remanded to the trial court since an application under Order 9 Rule 13 CPC was pending. However, subsequently, the above application filed on behalf of the defendant-appellants also stood dismissed for non-prosecution. The said order never further came to be challenged by the defendant-appellants. On the basis of concurrent findings of facts since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this court, moreso, when no substantial question of law arises. The appeal is dismissed accordingly as having no merits. (Ashok Parihar) J.