GORDHAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a civil second appeal filed by the plaintiff appellant against the judgment & decree passed by the District Judge, Bharatpur accepting the appeal of the State defendant and reversing the judgment of the Civil Judge, Bharatpur.

(2.) THE substantial question of law framed by this Court on 14. 11. 77 while admitting his appeal for consideration, reads as under. " whether the judgment of the appellate court is in violation of the provisions of S. 43 of the Evidence Act and, therefore, it is illegal" section 43 of the Evidence Act reads as under-"43 Judgment, etc, other than those mentioned in sections 40 to 42, when relevant. Judgments orders of decrees other than those mentioned in sections 40,41 and 42 are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provision of this Act. " It appears from the judgment of the appellate court that the judgment was not passed only on the judgment of criminal court.

(3.) THE remedy of the plaintiff appellant in case of wrong admission of this nature by the learned counsel on question of fact lies, if any, against the person who makes wrong mention against the interest of his client and, no grievance is made, so far as the criminal court is concerned, I am, therefore, of the opinion that there is no error of law much less substantial error of law is involved in this appeal.