VISHAL PURI AND OTHERS Vs. YASHPAL SINGH

JUDGEMENT

(1.) The instant appeal stands directed by the defendants against the impugned judgment recorded by the learned District Judge, Hamirpur whereby he returned affirmative findings qua the plaintiff's entitlement to claim damages from defendant No.1 also thereupon he assessed damages qua the plaintiff comprised in a sum of Rs.22000.00 along with 9% interest from the date of decree till realization, liability whereof qua its defrayment stood fastened upon defendant No.1.

(2.) The plaintiff also stands aggrieved by the pronouncement recorded by the learned Court below whereupon it assessed damages vis-à-vis him in the sum aforesaid, quantum whereof stands contended herebefore to be grossly disproportionate to his apposite entitlement thereof besides the plaintiff stands aggrieved by the pronouncement recorded by the learned District Judge whereby it fastened liability qua the quantum of damages assessed thereunder vis-à-vis the plaintiff only upon defendant No.1 whereas it was jointly and severably fastenable upon all the defendants.

(3.) In an incident which occurred on 15.3.1997 in the Court of the Sr. Sub Judge, Hamirpur the plaintiff alleges qua his therein standing assaulted by the defendant No.1 besides his standing humiliated in the presence of people present thereat where after despite the plaintiff for averting perpetration of further assaults upon him by defendant No.1 proceeding to the litigant hall, yet the defendant No.1 chasing him thereupto whereat he meted threats to him. The plaintiff also avers qua on 15.3.1997 at about 4.45 p.m. when he was returning home on his scooter all the defendants forcibly stopping him at Gandhi Gate in sequel whereto he avers qua his falling on the ground where after the defendants stand averred to belabor him with kick and fist blows in consequence whereof he sustained injuries on his nose, forehead, teeth and eyebrows. Also he avers qua his thereat standing intimidated by the defendants for his conducting case Onkar Walia Vs. Urmila in the Court of Sub Judge, Hamirpur against Urmila daughter of defendant No.1, sister of defendant No.2 and mother of defendant No.3. The plaintiff further avers qua on 17.3.1997 at about 9.30 a.m. when he was proceeding on his scooter to Court all the defendants forcibly stopped him near Satyanarayan Mandir whereat he stood manhandled by defendant No.1.