BOARD OF SECONDARY EDUCATION Vs. SUSHIL KUMAR DEWANGAN

JUDGEMENT

(1.) Appellants have filed this appeal being aggrieved by the judgment and decree dated 24.03.2007 passed by learned District Judge, Bilaspur (C.G.) in Civil Suit No. 2- B/2005, whereby the suit filed by the Respondent No. 1 decreed by the learned trial Court.

(2.) Brief facts of the case are that plaintiff/respondent No. 1 filed civil suit No. 2-B/2005 on the ground that he had appeared in the supplementary examination of Class-XII in the years 1995-96 and had succeeded, but the mark-sheet of the said examination was not given to the respondent No.- 1/plaintiff by the appellants and respondent No.-3/defendant No.-4. The respondent No.-1/plaintiff had continuously requested them in vain but he could not get his mark-sheet and could not continue his studies due to non-supply of marksheet resulting in non-employment, and as such, he is deprived of getting the monetary benefits. Further case is that though the damages suffered can not be calculated in terms of money, but he prays for award to the tune of Rs. 10,00,000/- against damages. This suit was instituted under Order 33 of the Code of Civil Procedure 1908, stating to be the indigent person. The permission was granted by the learned trail Court under Order 33 Rule 3 of the Code of Civil Procedure.

(3.) In reply, appellants/defendants No. 1 and 2 denied all the averments of the plaint in their written statement and stated that suit is untenable, barred by limitation and no cause of action is available with the plaintiff for filing the suit for damages. Rest of the defendants were proceeded exparte and they did not file any written statement.