Himachal Pradesh High Court
Relu Ram vs . Surjeet Singh & Ors. on 4 August, 2023
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Relu Ram vs. Surjeet Singh & Ors.
RSA No.103 of 2022 04.08.2023 Present: Mr. Bhim Raj Sharma, Advocate, for the of appellant.
Ms. Ankita, Advocate, for the respondents. rtCMP No.5722 of 2022 The present application has been filed for staying the impugned judgment and decree passed by the learned First Appellate Court.
A perusal of the impugned judgment and decree passed by the learned First Appellate Court shows that the suit of the plaintiff was ordered to be dismissed.
Since, the suit was ordered to be dismissed and the learned trial Court had decreed the suit for recovery of Rs. 88,456/- and in case, the appeal filed by the applicant/appellant is allowed, he will be entitled to the recovery of the amount. Hence, in these circumstances, the impugned judgment and decree cannot be stayed.
Consequently, the present application is dismissed and disposed of accordingly. RSA No.103 of 2022
Admitted on following substantial questions of law:-
"1. Whether the learned First Appellate Court gravely erred in law when it proceeded to write a separate judgment on facts and law exercising power under Section 96 CPC ignoring the judgment and decree of the ::: Downloaded on - 04/08/2023 20:40:42 :::CIS .
learned Trial Court on all the issues. Whether it was not incumbent on the part of the learned First Appellate Court to have discussed the entire judgment of the learned of Trial Court on all issues and how it was erroneous. Whether it was not incumbent on the learned First Appellate Court in writing a rt conflicting judgment to clearly enunciate supported by reasons that how the learned Trial Court was erroneous or how the evidence believed by the learned Trial Court was inadmissible or how the findings were perverse or inadmissible?
2. Whether statement recorded by the police during inquiry can be rejected by the learned First Appellate Court being a Civil Court in a Civil Case invoking Sections 162 Cr.P.C and Section 145 of the Evidence Act?"
Post admission notice.
Ms. Ankita, learned counsel, appears and waives service of post admission notice on behalf of the respondents.
List for hearing in due course.
(Rakesh Kainthla) Judge August 04, 2023 (reena) ::: Downloaded on - 04/08/2023 20:40:42 :::CIS