RATTAN DEV Vs. PASAM DEVI
SUPREME COURT OF INDIA
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(2.)A suit for issuance of permanent preventive injunction filed by the appellant herein was decreed by the trial court. The defendant preferred an appeal. The first appellate court reversed the decree of the trial court and directed the suit to be dismissed. The plaintiff preferred a second appeal which has been dismissed in limine by the High court forming an opinion that the findings arrived at by the first appellate court were purely findings of fact and no substantial question of law within the meaning of section 100 CPC arose for consideration.
(3.)A perusal of the judgment of the first appellate court shows that the plaintiff-appellant did not appear in the witness box although his special power of attorney and other witnesses were examined by the plaintiff. The first appellate court influenced by the non-examination of the plaintiff drew an adverse inference against him and directed the suit to be dismissed solely on the ground of non-examination of the plaintiff. The judgment of the first appellate court shows that other evidence, though available on record, did not receive the attention of the first appellate court at all.
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