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1985 Supreme(Guj) 118

S.B.MAJMUDAR, I.C.BHATT
RAFIA SULTAN WIDOW OF MIRZA SULTAN ALI BAIG – Appellant
Versus
OIL AND NATURAL GAS COMMISSION – Respondent


Advocates Appeared: B.R.ACHARYA, SAURABH N.SOPARKAR, V.P.Shah

I. C. BHATT, S. B. MAJMUDAR, J.

( 1 ) THIS appeal is filed by the original plaintiffs of Civil Suit No. 133 of 1979 on the file of the learned City Civil Court Judge Court No. 6 Ahmedabad. The learned trial Judge has dismissed the plaintiffs suit claiming for the decree of damages to the tulle of Rs. 2 0 0 against the respondent defendant Oil and Natural Gas Commission (hereinafter referred to as the defendant Commission ). The appellants plaintiffs contend that their suit was wrongly dismissed and it deserves to be decreed in toto.

( 2 ) IN order to appreciate the grievance of the appellants who will be referred in the subsequent part of this judgment as plaintiffs and the respondent Commission as the defendant for the sake of convenience it is necessary to note a few relevant facts leading to this litigation. I. Introductory facts:-

( 3 ) THE plaintiffs are the mother four brothers and two sisters of one Mirza Sakhawat Ali Beg since deceased who met with a tragic and accidental death on 28-1-1978 on well No. K 35 owned maintained and managed by the defendant Corporation at its Kalol project in North Gujarat. The said Mirza Sakhawat Ali Beg will hereafter be referred to as the decea
















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