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2017 Supreme(Guj) 906

RAJESH H.SHUKLA
Paschim Gujarat Vij Co. Ltd. – Appellant
Versus
Chandraikaben Harpalsinh – Respondent


Advocates Appeared:
For the Appellant : S.P. Hasurkar
For the Respondents: Om Prakash H. Upadhyay

JUDGMENT :

Rajesh H. Shukla, J.

1. The present Second Appeal is filed by the Appellants/Original Defendants under Section 100 of the Code of Civil Procedure being aggrieved with the impugned judgment and order in Regular Civil Appeal No. 9 of 2016 by the learned Additional District Judge, Surandranagar dated 7.5.2016 confirming the impugned judgment and order in Regular Civil Suit No. 140 of 2014 [Old Special Civil Suit No. 15 of 2010] by the learned Principal Civil Judge, Surendranagar dated 18.4.2015 posing the substantial question of law as follows:

"1. Whether both the courts below erred in not considering statutory provisions in regard to the liability of the accident?

2. Whether both the courts below erred in not appreciating the provisions of the Electricity Act and provisions of Supply Code?

3. Whether both the courts below were justified in not considering at all documentary evidence produced at Exh. 35?"

2. The background of the facts as discussed and narrated in the judgment of both the courts briefly summarized are that the wife of Original Plaintiff No. 1 and the mother of the Original Plaintiff Nos. 2 and 3 deceased Chandrikaben died on 29.11.2006 when she was spreading the






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