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2015 Supreme(HP) 1230

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
State of H. P. – Appellant
Versus
Baldev – Respondent


Advocates Appeared:
For the appellants:Mr. Anup Rattan & Mr. Romesh Verma, Additional Advocate Generals, with Mr. J.K. Verma, Deputy Advocate General.
For the respondents:Mr. Tara Singh Chauhan, Advocate, for the respondents.

JUDGMENT :

Mansoor Ahmad Mir, J.

Challenge in this Regular Second Appeal is to the judgment and decree, dated 19.03.2013, made by the District Judge, Mandi, District Mandi, H.P. (for short "the First Appellate Court") in Civil Appeal No. 5 of 2012, titled as Baldev and others versus State of H.P. and others (for short "the impugned judgment") on the grounds taken in the memo of appeal.

2. Mr. T.S. Chauhan, Advocate, appeared on behalf of the respondents on 01.01.2014 and the following substantial questions of law came to be framed:

"1. Whether the findings of First Appellate Court below are vitiated and are illegal for want of proper pleadings and proof?

2. Whether the Ld. First Appellate Court below has failed in error of law in entertaining the suit beyond the period of limitation?

3. Whether the findings given by Ld. Court below is both against the case as well as documentary evidence on record?

4. Whether without pleadings and evidence relief for compensation could have been granted by the Ld. First Appellate Court?

5. Whether the findings of Appellate Court below is liable to be set aside in view of common judgment dated 2-3-2013 passed by Full Bench of Hon'ble High Court of HP in CWP
























































































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