J U D G M E N T

By way of this Regular Second Appeal, the appellant has prayed for the following relief:-

“It is, therefore, most respectfully prayed that the present appeal may kindly be accepted and allowed and the impugned judgment dated 18.06.2019, passed by Ld. Distt. Judge, Shimla, in Civil Appeal No.4-S/13 of 2019 ( CNR No.HPSH100002432019) titled as “Sh. Gauri Partap vs Sh. Vikas Hetta through LRs” whereby the judgment dated 13.12.2018 passed by Ld. Senior Civil Judge, Court No.1, Shimla, in Civil Suit No.163/1 of 2018/2009, titled as “Sh. Vikas Hetta through LRs vs Sh. Gauri Partap” has been confirmed, may be set aside and quashed, keeping in view the above grounds of appeal, in the interest of justice.”

2. The record demonstrates that a Civil Suit was instituted for recovery of an amount of Rs.50,000/- by plaintiff Vikas Hetta against defendant Gauri Partap. In the said proceedings, a counter- claim was instituted by Gauri Partap against Vikas Hetta. Vide judgment and decree passed by the Court of learned Senior Civil Judge, Court No.1, Shimla, dated 13.12.2018, in Civil Suit No.163-1 of 2018/2009, titled as Sh. Vikas Hetta (deceased through his legal heirs) Versus Sh. Gaur