RAM Vs. HOSHIAR SINGH AND OTHERS

JUDGEMENT

(1.) The present regular second appeal is maintained by the appellant, challenging the judgment and decree, dated 18.05.2005, passed by learned Additional District Judge, Ghumarwin, District Bilaspur, H.P., in Civil Appeal No. 92/13 of 2004-2001, whereby the judgment and decree, dated 16.08.2001, passed by the then sub-Judge, 1st Class, Ghumarwin, District Bilaspur, H.P., in case No. 63/1 of 1993, was affirmed.

(2.) Briefly, the key facts, which are necessary for determination and adjudication of the present appeal, are that the appellant, who was the plaintiff before the learned trial Court (hereinafter to be called as "the plaintiff"), has maintained a suit for recovery of Rs. 2,00,000/- (Rupees two lac) as compensation against the respondents/defendants (hereinafter to be called as "the defendants") on the ground that on 18.02.1992, when plaintiffs Siri Ram and Garhk Singh were in their courtyard at Village Panol, the defendants came their and gave beatings to the plaintiffs, due to which, the plaintiffs sustained injuries. After the said occurrence, the plaintiffs were immediately taken to hospital at Ghumarwin for their medical treatment, wherefrom they were referred to District hospital, Bilaspur.

(3.) The defendants, contested and resisted the suit of the plaintiffs by taking preliminary objections, viz., maintainability, jurisdiction, cause of action, suit was not properly valued for the purpose of court fee and jurisdiction.