DALIP SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) These appeals are being disposed of by a common judgment since common question of law about the jurisdiction of the Civil Court to entertain and decide a suit arises for determination. All the appeals, other than Regular Second Appeal No. 8 of 1983, Yash Paul and others v. State of Himachal Pradesh and others, arise out of a common judgment but separate decrees passed on March 30, 1985 by District Judge, Hamirpur, allowing the appeal of respondent -State of Himachal Pradesh and thereby reversing the judgment and decree in each of the case passed by the trial Court decreeing the suit of plaintiffs -appellants.

(2.) Regular Second Appeal No 8 of 1983 arises out of judgment and decree passed on October 14, 1982 by District Judge, Hamirpur, allowing the appeal of respondent -State of Himachal Pradesh and thereby reversing the judgment and decree passed on November 8, 1978 by Sub -Judge First Class, Hamirpur, decreeing the suit of plaintiffs -appellants.

(3.) As the pleadings in the suits, out of which the aforementioned appeals have arisen, are almost similar in nature and the evidence led is also similar and further the question of law for determination is also the same, therefore, it would be suffice if reference is made to the pleadings in Civil Suit No. 167 of 1977, out of which Regular Second Appeal No. 79 of 1985, Dalip Singh and another v. State of Himachal Pradesh and others, has arisen.