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STATE & ANR versus VINOD KUMAR

High Court of Rajasthan

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STATE & ANR v VINOD KUMAR - CMA Case No. 815 of 2001 [2006] RD-RJ 494 (24 March 2006)

S.B. CIVIL MISC. APPEAL NO. 815/2001

Date : 24.03.2006

HON'BLE MR. BHAGWATI PRASAD, J.

Dr. O.P. Boob for the appellant.

Mr. Yogesh Sharma for Mr. Suresh Shrimali for the respondent. ===== \ Heard.

Learned counsel for the appellants has raised a question that an objection was taken by the appellants in the pleadings that claimant had no license to driver the motor bike which had collided with the vehicle in question.

In absence of this issue, proper trial of the point involved could not take place.

Learned counsel for the respondent submits that the claimant had a license but he could not produce the same before the Tribunal because that had got lost. This is a very crucial point which deserves to be determined.

Both the parties therefore, would appear before the Tribunal and the Tribunal will frame an issue on this count. Both the parties would lead evidence and then the question will be decided and findings be sent to this court. The record of the case be sent forthwith. The parties will appear before the Tribunal on 15.04.2006 and lead evidence on issue freshly ordered to be framed. The matter will be decided expeditiously. The finding so recorded will be sent to the Court for being considered at the time of final decision of the appeal.

Put up after the receipt of the findings of the Tribunal.

(BHAGWATI PRASAD), J.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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