CHANDULAL MOHANLAL JOSHI Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) THE present second appeal has been filed by the appellant-original defendant posing the following substantial questions of law: Whether the claim advanced by the respondent against the appellants can be termed as vyavharik debt and whether the appellants are under pious obligation to satisfy the claim?

(2.) WHETHER the question of territorial jurisdiction of the Court can be raised in Appeal? 2. The facts of the case briefly summarized are that the respondent-original plaintiff ? Gujarat Electricity Board, filed Civil Suit No. 122/89 before the Court of Civil Judge (J.D.), Manavadar for recovery of the dues of the bill to the tune of Rs. 15,560.73. On appreciation of evidence and after hearing the learned advocates for the parties, the suit was decreed by the judgment and order dated 18.8.93. Thereafter the said judgment and decree was challenged by way of Appeal No. 87/94 before the District Court, Junagadh. On appreciation of evidence and after hearing the learned advocates for the parties, the 3rd Extra Assistant Judge, Junagadh, dismissed the appeal specifically observing that it is a money decree. Therefore, the present second appeal has been filed posing the substantial questions of law as stated above.

(3.) ANOTHER contention which has been raised is with regard to the jurisdiction which has also been considered by the courts below that such a contention about the jurisdiction could have been raised at the earlier point of time and therefore the findings arrived at cannot be said to be erroneous. In any case, in view of the concurrent finding of facts, the court is not inclined to entertain the present second appeal.