BHARAT SANCHAR NIGAM LTD. Vs. RAJESH GEHLOT

JUDGEMENT

(1.) The instant appeal is against an order dtd. 17/5/2023 passed by learned Additional District Judge No.4, Jodhpur Metro in Civil Appeal No.300/2017, vide which judgment & decree dtd. 3/3/2017 of trial court was set-aside and suit has been remanded to the learned trial court.

(2.) Brief facts first. The appellant - Bharat Sanchar Nigam Limited (BSNL), filed a suit for recovery of ?34,872/- against the respondent-Rajesh Gehlot, who had obtained three telephone connections. BSNL filed the suit on 1/10/2000 alleging unpaid telephone bills for services availed by the respondent.

(3.) Learned counsel for the appellant challenges the Appellate Court's remand order, arguing that it erroneously overlooked the respondent's clear admission of non-payment, which forms the basis of the recovery suit. The admission, supported by oral and documentary evidence, including the defendant's Written Statement, cross-examination, and exhibits (1 to 19), is sufficient to sustain the claim without need for remand. In support thereof he cites the Apex Court's ruling in Karam Kapahi & Others vs. M/s Lal Chand Public Charitable & Another (2010) 4 SCC 753, which states that admissions--whether in pleadings, documents, or interrogatories--do not require independent proof unless directed by the court, particularly in commercial disputes like non-payment of bills. He submits that The suit involves unpaid bills for three telephone connections, with the defendant admitting non- payment. The trial court's findings, based on unchallenged testimony (PW- 2) and cross-examined testimony (PW-1), along with documentary evidence, firmly establish the claim. He argues that the remand serves no purpose, as it is unlikely to alter the trial court's conclusion, and thus urges that the instant appeal be allowed.