Pushpa Devi vs . Dharam Pal & Others
2023 Latest Caselaw 2016 HP

Pushpa Devi vs. Dharam Pal & others

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RSA No. 544 of 2008

09.03.2023 Present: Mr.Jai Ram Sharma, Advocate, vice Mr.Gaurav Gautam, Advocate, for the appellant.

Ms.Kavita Kajal, Advocate, vice Ms.Aanandita Sharma, Advocate, for respondents No.1 and 2.

Respondent No.3 is already ex parte.

CMP No. 569 of 2023

This r application has been filed for reframing

substantial question of law on the ground that Trial Court had

decided the matter in favour of the applicant-appellant, but First

Appellate Court had decided it against the applicant-appellant

and, thus, applicant-appellant has assailed the judgment and

decree passed by the First Appellate Court, but not by the Trial

Court as is also evident from the grounds of appeal. Appeal was

admitted on 12.05.2010 on the following substantial question of

law:-

"1. Whether the findings of the learned trial Court

as well as first Appellate Court are result of complete misreading and misinterpretation of the evidence and material on record and against the settled position of law?"

It appears that due to some ministerial mistake word

'Trial Court' has wrongly been typed in the substantial question of

law because there is no challenge led to the judgment and decree

of the Trial Court.

Considering aforesaid facts and circumstances,

substantial question of law is reframed as under:-

"1. Whether the findings of the First Appellate Court are result of complete misreading and misinterpretation of the evidence and material on record and against the settled position of law?"

Application is disposed of in aforesaid terms.

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RSA No. 544 of 2008

On request made on behalf of the contesting parties,

matter is adjourned.

List after four weeks.

(Vivek Singh Thakur) Judge

March 9, 2023 (Purohit)