MADHWA NAND SEMWAL Vs. GIRISH GUPTA

JUDGEMENT

(1.) This regular second appeal has been preferred against the judgment of reversal, whereby learned District Judge, Shimla, vide judgment dated 01.09.2007, passed in Civil Appeal No. 23-S/13 of 2007, titled as Greesh Gupta vs. Madhwa Nand Semwal, has set aside the judgment and decree dated 01.03.2007, passed in favour of the plaintiff (appellant herein) by learned Civil Judge (Junior Division), Court No.(V), Shimla, H.P., in Civil Suit No.8-1 of 2005, titled as Madhwa Nand Semwal vs. M/s Girish Gupta, wherein plaintiff was held entitled for recovery of Rs.1,03,000/- from defendant. Appellant is plaintiff and respondent is defendant in the Civil Suit. For convenience in this judgment they would be referred as plaintiff and defendant respectively.

(2.) On 12.12.2007, appeal was admitted on following substantial questions of law:-

(3.) During hearing, on perusal of the record, it is found that learned District Judge has misconstrued, misread and ignored the oral as well as documentary evidence on record, which has resulted into perversity in the impugned judgment. Therefore, following question of law is also framed:-