HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Second Appeal No. 328/2019

Aashish Tiwari S/o Shri Om Prakash Tiwari, Aged About 40

Years, Resident Of 10/614, Kaveri Path, Mansarovar, Jaipur

(Rajasthan)

----Appellant

Versus

1.

Chief Secretary, Govt. Of Rajasthan, Secretariat, Jaipur

2.

Home Secretary, Govt. Of Rajasthan, Secretariat, Jaipur

3.

Director General Of Police, Rajasthan Police, Hq Lal Kothi,

Tonk Road, Jaipur

4.

Jaipur Commissioner, Jaipur Commissionerate Office,

Rajasthan Police, Govt. Press Ke Pass, Jaipur

5.

Station House Officer, Gandhi Nagar, Jaipur City,

University Marg, Janta Store Ke Pass, Bapu Nagar, Jaipur

6.

Station House Officer, Adarsh Nagar, Jaipur City, Adarsh

Nagr, Jaipur

7.

Station House Officer, Lal Kothi, Jaipur City, Moti Doongari

Road, Jaipur

----Respondents

For Appellant(s)

:

Mr. Ashish Tiwari

For Respondent(s)

:

HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

30/11/2022

The plaintiff-appellant filed a civil suit for damages against

the respondents for tortuous and vicarious liability, resulting from

breach of duty causing loss of motor cycle of the plaintiff-

appellant. Both the courts below turned down the prayer of the

appellant on appreciation of material available on record.

(2 of 2)

[CSA-328/2019]

In para-5 of memo of appeal, the appellant has stated

certain questions not properly considered by court below, as

substantial question of law.

Wrong decision or wrong appreciation of evidence is a

question of fact and there is concurrent finding of court below.

This court do not find that any substantial question of law arises in

this appeal.

Accordingly instant second appeal stands dismissed as

devoid of any merit.

(BIRENDRA KUMAR),J

ashu /17