MOHAN LAL Vs. UHBVNL

JUDGEMENT

(1.) Plaintiff is in second appeal.

(2.) Plaintiff filed suit seeking declaration with the consequential relief of permanent injunction challenging demand of Rs.1,35,118.00 charged under the head of sundry charges. The suit filed by the plaintiff stands dismissed by the Court of First Instance invoking Order XVII Rule 3 CPC.

(3.) The judgment passed by the Court of First Instance stands affirmed by the Lower Appellate Court. Appellant has relied upon medical record as per which he remained bedridden from April 2019 and thereafter was hospitalized from 30/7/2019 onwards. The suit was dismissed invoking order XVII Rule 3 CPC on 31/7/2019. Counsel submits that despite the fact that the medical record was placed before Lower Appellate Court along with the grounds of appeal which shows that the appellant was hospitalized on 30/7/2019, the Court dismissed the appeal filed by the appellant.