ORAL ORDER

1. Being aggrieved and dissatisfied with the judgment and decree dated 31.01.2000 passed by the learned Judge of City Civil Court No.13 in Civil Suit NO.3613 of 1986 dismissing the suit against the original defendant, on the ground that the plaintiff failed to establish any tortious liability and therefore, not entitled to any amount of damages, the original appellant- plaintiff is before this Court seeking to quash and set aside the said judgment and decree. This has arisen in the following factual background.

2. Asfaq Chandmiya died in police firing on 20.06.1985. It was on the day of Rathyatra when the deceased had received bullet injuries in the police firing and he died on account of such injuries.

3. It is the case of the plaintiff that on 20.06.1985 at about 3 o'clock when the procession of Rathyatra was passing through Jordan Road at Dariyapur, on the eastern side of the Jordan Road, Ashfaq Chandmiya was going to the house of his grandfather, which is opposite the Mukardam gali since that was also the day of eid. When the deceased reached near the house of Jamalbhai, the military force opened the fire and the deceased sustained the injury and succumbed to the deat