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2003 Supreme(Guj) 147

DEV KANT TRIVEDI, K.M.MEHTA
DY. ENGINEER – Appellant
Versus
MINOR KALIBEN LALSINHBHAI BHORA – Respondent


Advocates Appeared: R.N.SHAH, R.V.Acharya

D. K. TRIVEDI, J.

( 1 ) ADMIT. Paper book and printing is dispensed with. Mr. R. N. Shah, learned advocate, waives service of notice of admission on behalf of the respondent. By consent of the learned counsel appearing in the matter the appeal is fixed for final hearing forthwith.

( 2 ) THE appellants, original defendants, office of the Gujarat Electricity Board, have filed this appeal challenging the order passed by the learned Third Joint Civil Judge (S. D.), Godhra, dated 24. 7. 2002 in Special Civil Suit No. 151 of 1999. Ms. Acharya, learned advocate for the appellant, has during hearing, taken us through the judgement under challenge. It is the contention of Ms. Acharya that the learned trial judge has committed error by decreeing the suit of the respondent plaintiff without considering the defence raised by the appellants and such decree passed by the learned trial judge has resulted in miscarriage of justice. She has contended that the finding recorded by the learned trial judge while deciding the issue by holding that minor Kaliben Lalsinhbhai Bhora has sustained injury due to accident with the electrical wire of the defendant Gujarat Electricity Board and further that minor





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