VEER BAHADUR THAPA, S/O SRI RAN BAHADUR THAPA AND SMT. NEELAM THAPA, W/O VEER BAHADUR THAPA Vs. MAJOR RAJ BAHADUR THAPA, S/O LATE SRI RAN BAHADUR THAPA

JUDGEMENT

(1.) (Stay Application No. 4601 of 2011)

(2.) HEARD learned Counsel for the parties and perused the record.

(3.) A perusal of the record shows that by the order dated 6 -4 -2011, the learned 1st Additional Civil Judge (Senior Division) Dehradun after hearing both the parties has observed in his order that the Petitioner No. 1/Defendant No. 1 was never admitted in the hospital for treatment. This finding has been given on the basis of medical papers, which have been filed by the Petitioners themselves. Learned trial court has further given a finding that the ailment alleged is not of such a nature that the Petitioner No. 1 is incapacitated to move from the bed and that the application has been moved for lingering on the proceeding. The suit is pending since the year 2002. The trial court rejected the application 91 -C.