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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
O R D E R
S.B. CIVIL SECOND APPEAL NO.111/2009
(J.V.V.N.Ltd. Vs. Shri Bulaki Chand)
Date of order :: 20.04.2009
P R E S E N T
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr.Ashok Chhangani, for the appellant.
Heard learned counsel for the appellant.
By way of filing present second appeal,
the appellant – Jodhpur Vidyut Vitran Nigam
Limited is challenging the judgment and decree
passed by the Additional District Judge No.2,
Bikaner in Appeal Decree No.22/2002 whereby, the
appellate court has accepted the appeal filed by
the respondent-plaintiff and set aside the
judgment and decree dated 14.02.2002 passed by the
Additional Civil Judge (Junior Division) No.3,
Bikaner in Civil Suit No.407/1998.
I have perused the judgment dated 13th
July, 2007 passed by the appellate court.
The appellate court has reversed the
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finding of trial court mainly on the ground that
at the time of deciding suit, trial court has
failed to even consider the statement of plaintiff
PW-1 Bulaki Chand, who was sole witness in the
suit before the trial court and he has proved his
case, therefore, appellate court found perversity
and illegality in the finding given by the trial
court.
The finding of appellate court does not
require any interference in this second appeal,
because no substantial questions of law arise for
consideration in this appeal.
Hence, this second appeal is dismissed.
(GOPAL KRISHAN VYAS), J.
A.K. Chouhan/-