DEVABHAI CHELABHAI KOLI Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) . Admit. Mr. D.R. Dave, learned Advocate, appears and waives service of notice of admission on behalf of respondent.

(2.) . The present First Appeal is filed against the judgement and order dated 1/05/1999 passed by the learned 4th Joint Civil Judge (S.D.), Banaskantha District, Palanpur, in Special Civil Suit No. 106 of 1994, dismissing the suit of the appellant-original plaintiff with costs.

(3.) . The suit was filed by the present appellant for getting compensation due to the death of his father, Chelabhai Kasabhai Koli, on account of break down of an electric wire from the electric pole, and was lying on the public road. The suit filed by the plaintiff-appellant was contested by the present respondent - original defendant, Gujarat Electricity Board, on the ground that the plaintiff had no relationship with the deceased. Though the said defence was agitated in the reply filed in the suit at Exh. 34, the learned Judge did not frame any issue on that point. On the contrary, the learned Judge framed issue no.1, which reads as under, and answered the same in the negative :