VISHWESH DOGRA SUVARNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order dtd. 31/10/2015 whereby the suit filed by the plaintiff-son has been dismissed and a declaration sought for the plaintiff's father be declared as dead was rejected.

(2.) Briefly, the reason given by the Trial Court was that no evidence was led on the memory loss of the father of the plaintiff. Also, no evidence was tendered to show that other than the plaintiff, there are no other legal heirs. However, the Trial Court accepted that the plaintiff has tendered the complaint made with the Police Authorities and certificate issued by the Police Authorities i.e., father was missing from 8/4/2003. The Trial Court also records that the plaintiff had filed ration card, birth certificate, passport, newspaper advertisement etc.

(3.) I have heard the learned counsel for the appellant (original plaintiff) and the respondent (original defendant).