High Court of Punjab and Haryana, Chandigarh
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Surinder Kaur v. State of Punjab & Ors - RSA-4857-2006  RD-P&H 331 (24 January 2006)
RSA No.4857 of 2003(O&M)
Date of Decision: 9.02.2006
State of Punjab and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri Sanjiv Bansal, Advocate for the appellant JUDGMENT
Civil Misc. No.1286-C of 2006
This application has been moved with a prayer to recall order dated 3.2.2006, vide which, appeal was dismissed for non prosecution. In view of averments made in this application, which is accompanied by an affidavit, it is allowed, order dated 3.2.2006 is recalled and appeal is restored to its original number. On request made the appeal is taken up for hearing today itself.
RSA No.4857 of 2003
Appellant-plaintiff filed a suit, claiming damages on account of illegal harassment, mental torture, loss of reputation, financial loss, unnecessary litigation and loss in business etc. It was her case that due to mis-management, while constructing a dam, her crop was damaged and on account of that she suffered the losses, as claimed by her. Her suit was dismissed. She also failed in appeal.
Both the Courts below have found that the evidence runs contrary to the pleadings. Furthermore, no evidence has been brought on record, as to whether any crop was standing and the same was damaged, as alleged. It has also been noticed by the Courts below that the witnesses produced by the appellant, have failed to support her case. In view of findings recorded by the appellate Court below in paragraph Nos.8 to 11, this Court feels that no case is made out for interference in pure findings of fact as counsel has failed to raise any substantial question of law at the time of arguments.
February 09, 2006 ( Jasbir Singh )
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