JAGDISH FRUIT GARDEN Vs. SHARWAN KUMAR YATIN KUMAR

JUDGEMENT

(1.) Plaintiff is the appellant, who aggrieved by the judgment passed by the learned District Judge, Kullu, District Kullu in Civil Appeal No. 8 of 2018 (CIS CNR No. HPKU 01-001408-2018) CIS Case No. (Reg. No.) 8/2018 (21/2018) whereby he set aside the judgment and decree dtd. 30/12/2017 passed by the learned Civil Judge, Manali, District Kullu in Civil Suit No. 87 of 2013, has filed the instant appeal.

(2.) The plaintiff had filed a suit for recovery, which after a proper trial was decreed by the learned Trial Court. However, the appeal filed against the same has been allowed by allowing the application filed by the defendant/respondent to adduce additional evidence.

(3.) It is vehemently contended by Shri Neeraj Gupta, learned Senior Counsel, that the judgment passed by the learned first Appellate Court is palpably wrong and, therefore, not sustainable in the eyes of law, given the fact that the defendant was granted as many as seven opportunities to lead its evidence and even then it chose to examine only the proprietor of the firm Shri Sharwan Kumar. Earlier to that the defendant had already been granted as many as seven opportunities on 30/7/2016, 24/9/2016, 22/11/2016, 21/1/2017, 22/4/2017 and 24/6/2017 and thus there was no denial of justice or prejudice being caused to the defendant. I have heard learned counsel for the parties and have gone through the material placed on record.