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2024 Supreme(HP) 20

TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
Sanatan Dharam Pratinidhi Sabha – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Bhupender Gupta, Anand Sharma, Rinki Kashmiri, Karan Sharma.
For the Respondents: Ramakant Sharma, Sharmila Patial, Raj Negi, Archna Dutt.

 

1. The appellant herein, which is an Educational Institution, namely Sanatan Dharam Education Society Baijnath, District Kangra, H.P. being plaintiff before the learned Single Judge (hereinafter referred to as “the plaintiff”) has maintained Civil Suit No. 5 of 2008, under Section 26 read with Order 7, Rules 1 and 2 CPC for recovery of amount of Rs. 2,40,00,000/- alongwith interest and also for mandatory injunction directing the defendants/respondents (hereinafter referred to as “the defendants”) to hand over original FDR No. RDW 551515, Punjab National Bank, Baijnath in the sum of Rs. 5,00,000/- in favour of GGDSD College, Baijnath, which was pledged by the society (plaintiff), lying with defendant No. 5 and declaring that plaintiff alone is entitled to receive the amount of FDR with accrued interest to the exclusion of the defendants.

2. The plaintiff preferred the instant appeal under Clause 10 of the High Court of Delhi Rules, as applicable to the High Court of Himachal Pradesh, against the order dated 25.07.2019, passed by learned Single Judge, in OMP No. 245 of 2015, in Civil Suit No. 5 of 2008, whereby application under Section 65 of the Indian Evidence Act, which was filed

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