Bimla Devi vs Guddi - 2023 Supreme(P&H) 494

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 494

HARSIMRAN SINGH SETHI
Bimla Devi – Appellant
Versus
Guddi – Respondent

Advocates appeared:
Mr. Atul Gaur, Advocate, for the Appellant. ;

JUDGMENT

Harsimran Singh Sethi, J. (Oral) - In the present regular second appeal, challenge is to decree dated 01.03.2019 passed by the Civil Judge (Jr. Division) Sonepat, by which, the suit filed by the appellants/plaintiffs was dismissed under Order 17 Rule 3 of the C.P.C. for want of evidence and an appeal filed against the said decree, was also dismissed by the lower Appellate Court vide order dated 16.08.2022.

2. Learned counsel for the appellants submits that though, there is a miss but he is not able to submit as to whether the appellants were at fault or somebody else, who was representing the appellants before the Court below. Learned counsel for the appellants submits that the litigation should be decided on merits and therefore, order dated 01.03.2019 passed by the trial Court dismissing the suit filed by the appellants as well as order dated 16.08.2022 passed by the lower Appellate Court dismissing the appeal filed by the appellants against the said order, may kindly be set aside.

3. In the present appeal, it has come on record that issues were framed on 23.05.2018 and appellants-plaintiffs were directed to produce the evidence on 30.07.2018. Various opportunities were giv

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