AO/390/2009
2022 Latest Caselaw 1094 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      04.04.2022
                                                AO No. 390 of 2009
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Lalit Belwal, Advocate, for the appellant.

Mr. B.S. Adhikari, Advocate, for the respondents.

The learned counsel for the appellant, in support of his contention, which he is raising for the first time, pertaining to the effect of the contributory negligence, he places reliance on a site plan, which was placed in the criminal proceedings, which was registered as Case Crime No. 198 of 2007. The said site plan of a criminal case, cannot not be relied with in a proceeding under Section 173 of the Act, before this Court until and unless a final judicial interpretation is given to the site plan by the Criminal Courts, who are ceased with the Criminal Case No. 198 of 2007.

In that eventuality, the learned counsel for the parties are directed to complete their instructions and inform the Court as to whether the criminal proceedings have ultimately culminated or not? If culminated, then what was the judgment rendered and placed the aforesaid information on record by way of supplementary affidavit.

The entire process may be completed within a period of six weeks from today.

List thereafter.

(Sharad Kumar Sharma, J.) 04.04.2022 Mahinder/