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1978 Supreme(Guj) 1

R.C.MANKAD, S.H.SHETH
SHIVKOR MOTASING – Appellant
Versus
RAMNARESH MUNSISING – Respondent


Advocates Appeared: N.M.DOSHI, RASIKLAL N.OZA, V.P.Shah

R. C. MANKAD, S. H. SHETH, J.

( 1 ) THE plaintiff filed the present suit against the defendants for recovering a sum of Rs. 15000. 00 under the following circumstances. Defendants Nos. 1 and 3 are the teachers in a Municipal School where one Jagpalsing son of the plaintiffs was studying Defendant No. 2 is the Head Master of the School. Defendant No. 4 is Ahmedabad Municipal Corporation which runs the school. Jagpalsing a boy of about 12 years of age was one amongst the sixty who constituted the picnic party. On 6th September 1966 the picnic party of these young urchins was taken by defendants Nos. 1 and 3 to Bhadreshwar situate on the bank of river Sabarmati in the outskirts of the city of Ahmedabad. The party reached the picnic spot at about 9-30. A. M. It appears that after the party reached there the picnic party took food. Thereafter defendants Nos. 1 and 3 who were in charge of the picnic party had been taking their food. At about 11-30 A. M. when defendants Nos. 1 and 3 had been taking food they heard noise from the river side and they rushed there. Two boys who were in the river water were rescued by a fisherman Mahavir Raghu and his companions. The two boys who had swallowed




















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