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SA/135/2022
2023 Latest Caselaw 1895 UK

Citation : 2023 Latest Caselaw 1895 UK
Judgement Date : 21 July, 2023

Uttarakhand High Court
SA/135/2022 on 21 July, 2023
                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SA No.135 of 2022
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Nikhil Singhal, counsel for the appellant

2. None is present for the respondent.

3. Heard.

4. On the previous date, counsel for the respondent had sought time to file objections to the appeal, however, neither the objections have been filed nor the counsel is present today.

5. Admit the appeal on the following substantial questions of law:-

"1. As to whether both the courts have erred in law in granting a decree of Rs. 2,53,000/- in favour of plaintiff, over and above the pleadings and material evidence on record?

2. As to whether a police report could be relied upon in a civil suit, more particularly without any pleadings to that effect in the plaint?"

6. Summon the LCR.

7. Put up on 22.11.2023.

8. Till the next date of listing, the effect and operation of the impugned judgment/decree dated 25.08.2022 passed by 1st Addl. District Judge, Haridwar in Civil Appeal No.02/2021 and judgment/decree dated 15.12.2020 passed by 2nd Additional Senior Civil Judge, Haridwar in O.S. No.54/2013 shall remain stayed.

9. Stay application (IA No.1/2022) is disposed of.

(Vivek Bharti Sharma, J.) 21.07.2023 BS

 
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