MAHENDRA PAL (DECEASED) THROUGH HIS LRS RANI LALITA KUMARI AND OTHERS Vs. STATE OF HIMACHAL PRADESH AND OTHERS

JUDGEMENT

(1.) The case has a chequered history. The suit, out of which the present appeals arise, was initially dismissed by the learned Single Judge of this Court vide judgment and decree dated 02.07.2002. The judgment and decree so passed were assailed by the plaintiff by filing OSA No. 13 of 2002 before the learned Division Bench of this Court, but that was dismissed vide judgment and decree dated 12.08.2008.

(2.) Aggrieved by the said order, the plaintiff filed an appeal by way of SLP before the Hon'ble Supreme Court and the same came to be allowed on 26.10.2010 vide decision reported in Mahendra Pal versus State of Himachal Pradesh and others, (2010) 13 SCC 441, and the judgment and decree passed by the learned Single Judge as also the Division Bench of this Court were set aside and the matter was remanded to the learned Single Judge for afresh consideration. It was after such remand that the learned Single Judge vide impugned judgment and decree dated 27.04.2011 decreed the suit for a sum of Rs. 24, 02, 154/- in favour of the plaintiff and against the defendants along with future interest at the rate of 6% per annum from the date of decree till realization of the decretal amount, who held liable defendants No.1 to 3 to pay the entire decretal amount along with interest jointly and severally to the plaintiff. The parties shall be referred to as the plaintiff and defendants.

(3.) Both the parties aggrieved by the judgment and decree passed by the learned Single Judge have filed the instant appeals.