Saddiq S/O Shri Ilias vs Anaro W/O Late Shri Sumeri
2021 Latest Caselaw 5964 Raj/2

                                        (1 of 2)                  [CMA-2890/2020]


       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No.2890/2020

1.     Saddiq S/o Shri Ilias, R/o Sablana, Tehsil Kaman, District
       Bharatpur, Rajasthan.
2.     Ilias S/o Shri Rajmal, R/o Sablana, Tehsil Kaman, District
       Bharatpur, Rajasthan.
3.     Ilias S/o Shri Rajmal Mev Both, R/o Sablana, Tehsil
       Kaman, District Bharatpur, Rajasthan.
                                                                 ----Appellants
                                   Versus
Anaro W/o Late Shri Sumeri, R/o Sablana, Tehsil Kaman, District
Bharatpur, Rajasthan.
                                                                ----Respondent

For Appellant(s) : Mr. D.D. Khandelwal For Respondent(s) : Mr. Santosh Kumar Soni

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

26/10/2021

Application under Order 41 Rule 27 CPC has been filed with

photostat documents.

Keeping in view the provisions of CPC and the Evidence Act,

the photostat documents as an exhibit or additional exhibit under

Order 41 Rule 27 CPC cannot be admissible unless procedure

under Section 65 of the Evidence Act is followed.

Keeping in view thereto, the application is dismissed.

On merits, learned counsel for the appellants has submitted

that the deceased was not their employee, however, question

regarding employee--employer relationship is a pure question of

fact which cannot be examined in an appeal preferably under

(2 of 2) [CMA-2890/2020]

Section 30(1)(AA) of the Employees Compensation Act, 1923 and

in view of the judgment passed by the Supreme Court in the case

of North East Karnataka Road Transport Corporation Versus

Smt. Sujatha reported in 2019 (11) SCC 514.

Accordingly, the submission of learned counsel for the

appellants is not sustainable as the same cannot be said to be the

question of law. Since the appeal only lies in relation to a question

of law which may be raised by the appellants.

The present civil misc. appeal is found to be without force as

no question of law is involved in this case. The civil misc. appeal is

accordingly dismissed.

All pending applications, if any, shall also stand disposed of.

(SANJEEV PRAKASH SHARMA),J

Karan/56

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