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2023 Supreme(MP) 149

PRAKASH CHANDRA GUPTA
Dhapu Bai – Appellant
Versus
Kundu MG (Joint Venture) – Respondent


Advocates:
Atul Chachondiya for appellants; Vivek Patwa for respondent No. 2; Tarun Pagare, Panel Lawyer for respondent No. 3/State.

ORDER

1. Heard on the question of admission.

2. The present second appeal has been filed by the appellants/plaintiffs u/S 100 of the Code of Civil Procedure, 1908 (in short “CPC”) against the judgement and decree dated 21.12.2021, passed by the IInd District Judge, Rajgarh (M.P.) in regular Civil Appeal No.28/2019, affirming the judgement and decree dated 28.6.2019 passed by the Civil Judge Class-I, Khilchipur, District Rajgarh in Civil Suit No.26A/2018 filed by the appellants for compensation of Rs.29,56,345/-, which was dismissed.

3. Facts of the case in brief are that the plaintiffs are residents of village Kokadya Tehsil Jeerapur District Rajgarh. The defendant had dug a 10 feet pit at the joint of road to the village for the construction of bridge. On 12.9.2012, plaintiff No.1 alongwith her husband Ghanshyam Vishwakarma were coming from village Bakani to Kokadya by Purohit bus. They got off the bus at Kokadya bus stand and were going to their village. Husband of plaintiff No.1 went for nature’s call and plaintiff No.1 was going alone. Due to dark night, she fell into the aforesaid pit. Consequentially, she had a fracture in her left leg. The plaintiff No.1 was taken to Balaji Ho

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