Shyam Singh Rathore vs R S R T C Jaipur And Others
2022 Latest Caselaw 407 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Civil Second Appeal No. 1004/2011

Shyam Singh Rathore
                                                                  ----Appellant
                                   Versus
R S R T C Jaipur And Others
                                                                ----Respondent

For Appellant(s) : Mr. MC Jain, Advocate through VC For Respondent(s) : Mr. SC Mittal, Advocate through VC

HON'BLE MR. JUSTICE PRAKASH GUPTA

Order

18/01/2022

S.B. Civil Second Appeal No. 1004/2011

Heard learned counsel for the parties.

Having regard to the submissions made by the learned

counsel for the parties, this second appeal is admitted on the

following substantial questions of law :-

"(i) Whether the judgment and decree passed by the First Appellate Court are based on misreading and non reading of material evidence on record?

(ii) Whether without compliance of provision of Order 41 Rule 31 CPC, the judgment and decree of the first appellate court is sustainable?

(iii) Whether the post of "Shodhak" ('kks/kd), "Helper" (gsYij), and Driver (pkyd) are different cadre post and the post of "Shodhak" ('kks/kd), "Helper" (gsYij), and driver (pkyd) are came into channel of promotion, particularly where the documents have been produced by the defendant, while the documents are in possession of the defendant?

(2 of 2) [CSA-1004/2011]

(iv) Whether the learned first appellate court committed serious illegality in shifting the burden on the plaintiff to prove that "Shodhak" ('kks/kd), "Helper" (gsYij), and Driver (pkyd) which are different cadre post?"

Since respondents are duly represented by their

counsel, fresh notice need not be issued to them.

Record has already been received.

S.B. Civil Misc. Stay Application No. 4593/2011

Having regard to the submissions made by learned

counsel for the parties and taking into consideration the facts and

circumstances of the case, more particularly in view of the fact

that after passing the judgment and decree dated 08.08.2011 by

the first Appellate Court, by now more than 10 years have been

passed, I find no ground to pass any interim order on the stay

application.

The stay application is accordingly dismissed.

(PRAKASH GUPTA),J

MR/9

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