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2022 Supreme(J&K) 135

RAJNESH OSWAL
Tarsem Lal – Appellant
Versus
Sudershana Sharma – Respondent


Advocates Appeared:
For the Appellant :Mr. Kuldip Singh Parihar, Advocate.
For the Respondent:Mr. Rohit Kohli, Advocate.

JUDGMENT :

Rajnesh Oswal, J.

This is a Civil Second Appeal against the judgment and decree dated 30.12.2017 passed by the learned Principal District Judge, Reasi (hereinafter to be referred as the appellate court) in the Civil First Appeal titled “Madan Lal (Dead) through legal representatives versus Sudershna Sharma (Dead) through legal representatives” whereby the Appellate Court has upheld the judgment and decree of eviction dated 07.09.2013 passed by the Sub-Judge, Katra (hereinafter to be referred as the learned trial court) in the civil suit, titled, “Sudershana Sharma and others vs. Madan Lal”.

2. As the instant appeal is the Civil Second Appeal, the appellant has proposed the following substantial questions of law, for consideration of this Court:-

    “(A) Whether appellate court was required to direct the trial court to frame the following additional issues in light of its having permitted to amend the written statement?

(a) Whether the plaintiff reasonably requires the suit shop for his own use and her son namely, Himanshu Sharma’s use keeping in view of subsequent construction of guest house at Katra by plaintiff No. 1 who was herself a Govt. employee unable to personally ru

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