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RAKESH KAINTHLA
Rajeev Goel (deceased) through his LRs – Appellant
Versus
Baba Jagtar Dass (deceased) through his LR – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment and decree dated 28.11.2014 passed by learned Additional District Judge-I, Shimla, vide which, the appeal filed by the predecessor-in-interest of the appellant (plaintiff before learned Trial Court) was dismissed and the judgment and decree passed by learned Civil Judge, Junior Division, Court No. V, Shimla was affirmed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court seeking a permanent prohibitory injunction. This suit was dismissed in default for want of appearance on 12.06.2003 and was not got restored. Hence, it is not necessary to notice the averments made in the plaint and the written statement filed to the same.
3. The defendant filed an amended counter-claim on 11.09.2000 asserting that a lease deed stated to have been executed by Niranjan Dass in favour of the plaintiff on 23.04.1996, which was registered with the Sub-Registrar, Shimla is wrong, illegal and the result of misrepre
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