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SANGEETA K. VISHEN, SANJEEV J. THAKER
Positive Point Graphic Process Limited – Appellant
Versus
Bharat Sanchar Nigam Limited – Respondent
JUDGMENT :
(PER : HONOURABLE MR.JUSTICE SANJEEV J.THAKER)
1.1 By way of the captioned Appeal the appellant herein – who is the original plaintiff before the trial Court, has assailed the judgment and decree dated 27.09.2010 of the learned Auxiliary Chamber Judge, Court No.9, City Civil Court, Ahmedabad passed in Civil Suit No.2339 of 2007 whereby the trial Court has dismissed the suit filed by the plaintiff for recovery of Rs.28,64,110/- with interest @ 12% p.a. from the date of the suit till realization from the defendant – respondent herein.
1.2 For the sake of convenience, the parties are hereby referred to as per their original status in the suit filed before the trial Court.
2. The brief facts, in nutshell, are as under:
2.1 The plaintiff had filed Civil Suit No.2339 of 2007 before the City Civil Court at Ahmedabad against the defendant and by judgment and decree dated 27.09.2010, learned Auxiliary Chamber Judge, Court No.9 had dismissed the suit.
2.2 The issue involved in the suit was that the plaintiff filed suit for recovery of Rs.28,64,110/- with interest @ 12% p.a. from the date of the suit till realization from the defendant and it was the case of the plaintiff that pursuant t
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The court held that the plaintiff must substantiate claims with concrete evidence, and failing to do so results in dismissal of the suit, emphasizing the burden of proof lies on the claiming party.
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