SARLA Vs. NARENDRA KUMAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal is against the judgment dated 13. 9. 2002 passed by the learned Addl. District Judge, Sojat Camp Jaitaran District Pali in Divorce Case No. 30/99. The trial Court passed the divorce decree in favour of the respondent-husband. Hence, this appeal has been preferred by the wife-non-applicant-appellant.

(3.) THE learned counsel for the respondent also submitted that the court can look into the evidence which has been recorded in the case itself and not the evidence recorded in any other case. It is also submitted that the reasons given on the issues are also not relevant for the purpose of deciding the issues raised in the respondent's divorce petition. THE only finding may be binding but in this case the plea of res judicata has not been raised by the appellant-non-applicant, therefore, that judgment itself could not have been considered by the court below.