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Punjab-Haryana High Court

M/S Kesar Transport Service Mansa vs United India Insurance Company Ltd And ... on 28 March, 2018

Author: Kuldip Singh

Bench: Kuldip Singh

117         IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH

                                  CR No. 2095 of 2018 (O/M)
                                  Date of decision : 28.3.2018
M/s Kesar Transport Service Mansa                    ....... Petitioner
                                Versus
United India Insurance Company Limited and another ....... Respondents

CORAM : HON'BLE MR. JUSTICE KULDIP SINGH

Present:-   Mr. R.V.S. Chugh, Advocate, for petitioner.
1.          Whether the Reporters of local newspaper may be allowed to
            see the judgment ?
2.          To be referred to the Reporter or not.
3.          Whether the judgment should be reported in the digest ?
            -.-                      -.-

KULDIP SINGH J. (ORAL)

Heard. Impugned in present revision is order dated 17.2.2018 (Annexure-P-7), passed by the learned Additional District Judge, Mansa, vide which in an appeal, application for additional evidence (Annexure-P-5) has been allowed to allow appellant to exhibit resolution of Board of Directors which gave authority to Divisional Manager of respondent insurance company to file the suit.

I am of the view that said evidence is necessary for just decision of the case. The case cannot be dismissed on mere technicalities and cases are required to be decided on merits. The Divisional Manager is otherwise principal officer of insruance company. The trial Court has taken the view which is under challenge before the lower appellate Court. No ground to interfere in the impugned order is made out. Consequently, revision is dismissed. Since main case has been dismissed, therefore, pending application, if any, also stands disposed of.

                                                           (KULDIP SINGH)
                                                               JUDGE



28.3.2018
sjks


Whether speaking / reasoned              :    Yes / No

Whether Reportable                       :    Yes / No

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