RAM NATH JAIN Vs. HARI OM DEVI

JUDGEMENT

(1.) THIS matter is on the Regular Board of this Court since 17.1.2011. Today, it is effective item no.5 on Regular Board. None appears for the appellant though it is 12:15 pm. I have therefore perused the record and am proceeding to dispose of the matter.

(2.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 2.7.2001 whereby the suit for recovery of money of the appellants against the respondents was dismissed. The suit for recovery of damages was filed on account of death of Sh. Sanjay Jain who was the son of the appellant No.1 and which death was said to have been caused on account of explosion in the gas cylinder kept by the respondent No.2 for the purpose of welding in his shop which pertained to repair of cycles and sale of second hand cycles.

(3.) AFTER the pleadings were complete, trial Court framed the following issues: