SUNIL KUMAR Vs. RAMA NAND

JUDGEMENT

(1.) This appeal by the appellants-defendants against the judgment and decree, dated 21.9.2006 of the learned first Appellate Court has been filed for restoration of the judgment and decree of trial Court, by which the suit of the respondents-plaintiffs for permanent prohibitory injunction and also for mandatory injunction had been dismissed. Appeal was admitted on the following substantial questions of law, vide order dated 4.7.2008:-

(2.) Whether the learned lower appellate Court is right in not drawing an adverse inference against the respondent/plaintiff who failed to step into the witness box in view of the provisions of Section 114 (g) of the Indian Evidence Act.

(3.) Whether the learned lower appellate Court is right in not considering the document Exhibit DW5/A as well as the admissions made by PW1 to PW3 with respect to the existence of path as well as user thereof.