High Court of Punjab and Haryana, Chandigarh
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Handweave Inc. Village Sewah. v. The Jammu & Kashmir Bank Ltd. And anothe - RSA-2754-2005  RD-P&H 5198 (3 August 2006)
In the High Court of Punjab and Haryana at Chandigarh.
Regular Second Appeal No.2754 of 2005.
Date of decision:28.7.2006.
M/s. Handweave Inc. Village Sewah.
The Jammu & Kashmir Bank Ltd. And another.
Coram: Hon'ble Mr. Justice S. N. Aggarwal.
Present: Mr.Ravinder Malik Advocate for the appellant.
The appellant filed the suit for a declaration that notice dated 22.5.2003 claiming recovery from the appellant was illegal, null and void and not binding on it. The appellant also prayed for restraining the respondents from taking possession of his immovable property.
The suit was contested by the respondents.
Issues were framed.
However, the appellant failed to lead any evidence and his suit was dismissed under Order 17 Rule 3 C.P.C. by the learned trial Regular Second Appeal No.2754 of 2005.
Court vide judgment and decree dated 17.2.2005.
The appellant filed an appeal. The learned Lower Appellate Court also dismissed the appeal vide judgment and decree dated 31.3.2005.
Hence, the present appeal.
The learned counsel for the appellant submitted that one opportunity be granted to the appellant to produce sufficient evidence in the learned trial Court. However, a perusal of judgment passed by the learned trial Court clearly reveals that the appellant had failed to produce his evidence in spite of availing several effective opportunities. Therefore, no ground for the remand of this case has been made out.
There is no other ground for disturbing the concurrent findings of fact recorded by the Courts below.
July 28,2006. ( S. N. Aggarwal )
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