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Smt. Phoolwati And Ors. vs Smt. Ram Dei And Ors. on 13 March, 2008

Trial Court as mentioned in the previous paragraph, as it has been claimed by the respondent no.1/defendant no.1 DSIDC that its record were tempered by putting a rubber stamps (of plaintiff company) at 2­3 places in the original documents to show that the application for allotment was submitted by Sh. Raj Kumar Gupta for and on behalf of appellant/plaintiff company, and allegations of appellant and counter allegations of respondent no.1, are a matter of evidence and trial. Further, the other claims of the appellant as mentioned in the previous para, are disputed questions of facts, which cannot be decided by this court at this stage as the same is a matter of evidence and can be decided only after the culmination of the trial. Further the respondent no.1/defendant no.1 has disputed the claim of the appellant/plaintiff and has claimed that none of its officer had ever assured the appellant/plaintiff for rectification of any error in the allotment as alleged by the appellant/plaintiff. Further the Ld. Trial Court, relying upon the judgment of Hon'ble Delhi High Court in case titled as 'Phoolwati and Ors Vs. Ram Dei & Ors reported as 150 (2008) DLT 105', has rightly applied the principal of law, that court has to presume that all officials Acts have been performed in due ....Cont.
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