RAM SINGH Vs. ABDUL SATTAR

JUDGEMENT

(1.) HEARD Sri Ashok Kumar Tripathi holding brief of Sri A.D. Prabhakar, learned Counsel for the Defendant -Appellant and Sri Suresh Chandra Gupta, learned Counsel appearing on behalf of Plaintiff -Respondent.

(2.) THIS is a second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 29.08.1985 passed in Civil Appeal No. 104 of 1985 by the 5th Civil Judge, Meerut, whereby the Plaintiff's suit for injunction has been decreed and the judgment and decree of the Trial Court in Suit No. 14 of 1984 has been set aside.

(3.) LEARNED Counsel for the Defendant -Appellant has submitted that the Plaintiff has to prove his own case and the First Appellate Court has committed an illegality in shifting the burden of proof on the Defendants and as such the impugned judgment cannot be upheld.