LIC OF INDIA Vs. RAM PAL SINGH BISEN

JUDGEMENT

(1.) Ignorance is a bliss, especially in the vast field of law, stands established from the narration of facts of this appeal as would fully expose it. Against findings of fact vide judgment and decree recorded by Additional District Judge No.2, Ajmer in Civil Suit No. 93 of 1982 (10/80), decided on 28.5.1993, confirmed in S.B. First appeal No. 178 of 1993 by learned Single Judge of the High Court of Judicature of Rajasthan at Jaipur and further affirmed in Special Appeal (Civil) No. 42 of 1996 by Division Bench of the said Court, decided on 30.9.2005, unsuccessful appellants/ defendants are before us, challenging the same on variety of grounds.

(2.) Needless to say the facts unfolded before us from the record as well as during the course of hearing reveal a sorry state of affairs as to the manner in which suit had been contested in the trial court by the appellants herein, abutting gross negligence and callous manner, not even adhering to the provisions of the Code of Civil Procedure and the Indian Evidence Act, yet challenging the same before this Court, even after having lost from all courts.

(3.) Thumb-nail sketch of the facts of the case are as under: