LAWS(DLH)-2011-4-140

SANTOSH KUMARI Vs. BSES YAMUNA POWER LTD

Decided On April 07, 2011
SANTOSH KUMARI Appellant
V/S
BSES YAMUNA POWER LTD. Respondents

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 10.01.2011 which had endorsed the finding of the trial judge dated 28.10.2010 whereby the suit filed by the plaintiff Santosh Kumari seeking recovery of Rs.2,30,966/- had been dismissed.

(2.) THIS is a second appeal. It is yet at the admission. The substantial question of law have been formulated on page 8 of the body of the appeal.

(3.) IN support of her case, plaintiff has examined one witness. PW-1 Devi Dayal Sharma had tendered his examination in chief by way of affidavit Ex.PW-1/1; he was deposing on behalf of his wife. He had proved on record the electricity bills which have been issued in the name of Sohan Lal Aggarwal as also the legal notice sent by him. Thereafter prosecution evidence was closed. The claim of the plaintiff was rejected on the ground that the plaintiff has failed to prove her case. The plaintiff who has come to the court must stand on its own legs; it has to prove its case. The amount claimed by her was not in any manner substantiated. This has been endorsed in the impugned judgment.