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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla
Sachin Dogar – Appellant
Versus
Rattan Dass – Respondent
| Table of Content |
|---|
| 1. introduction of the case and background facts. (Para 1 , 2) |
| 2. defendant's written statements and preliminary objections. (Para 3 , 4 , 5) |
| 3. court's decision on interim injunction and legal challenges. (Para 7) |
| 4. appeals and arguments presented by parties. (Para 8 , 9 , 11 , 12) |
| 5. court's review of lower courts' findings. (Para 10 , 13 , 14) |
| 6. explanation of jurisdiction under article 227. (Para 15 , 16 , 17) |
| 7. jurisdictional limitations of civil courts. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 8. consequences of improper jurisdiction claims. (Para 24 , 25 , 26 , 27) |
| 9. verification of partition claims and the burden of proof. (Para 28 , 29) |
| 10. bar on civil suits concerning revenue matters. (Para 30 , 31 , 32) |
| 11. conclusion before final verdict. (Para 33 , 34) |
| 12. final order and directions. (Para 35) |
JUDGMENT :
Rakesh Kainthla, J.
1. The present petition is directed against the order dated 30.11 2022 passed by learned Additional District Judge (CBI)Shimla, District Shimla, (Learned First Appellate Court) vide which appeal filed by the appellant (defendant No.1 before the learned Trial Court) was partly allowed and the order dated 14.07.2021 passed by the learned Civil Judge,
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