Hon'Ble Alok Kumar Verma vs Lakhi Singh
2022 Latest Caselaw 2742 UK

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      30.08.2022                        SA No.87 of 2022
                                        Hon'ble Alok Kumar Verma, J.

The present proposed Second Appeal has been filed against the judgment and decree dated 07.05.2022, passed by the Additional District Judge, Tehri Garhwal in Civil Appeal No.3 of 2021, "Virendra Singh vs. Lakhi Singh Bisht and Others".

The respondent no.1-plaintiff had filed an Original Suit (Original Suit No.1 of 2019) against the appellant for the recovery of the amount of Rs.2,89,000/- (Rupees Two Lakh Eighty Nine Thousand). The original suit was decreed partially for the amount of Rs.51,000/- (Rupees Fifty One Thousand). Against the said judgment and decree, passed by the learned Trial Court, the respondent- plaintiff had filed the said civil appeal. The civil appeal has been allowed for the recovery of Rs. Rs.2,89,000/- (Rupees Two Lakh Eighty Nine Thousand) along with 4% interest.

Heard Mr. I.P. Kohli, the learned counsel for the appellant and Mr. Rajendra Singh Dobhal, the learned Senior Advocate assisted by Mr. Shubhang Dobhal, the learned counsel for the respondent no.1/Caveator.

Having heard the learned counsel for the parties and in the facts and circumstances of the case of the present matter, the following substantial questions of law are being formulated:-

(i)Whether the First Appellate Court erred in law in not passing any order on the Cross Objections, filed by the appellant under Order 41 Rule 22 of the Code of Civil Procedure. It so, it's effect?

(ii)Whether the courts below have erred in law in overlooking that the plaintiff's suit was without cause of action?

At the request of the learned counsel for the parties, list this case on 10.10.2022.

The effect and operation of the impugned judgment and decree dated 07.05.2022, passed by the learned First Appellate Court, are stayed, subject to depositing the decretal amount before the concerned trial court within ten days' from today.

(Alok Kumar Verma, J.) 30.08.2022

Neha/SB