- (1.) The parties to the litigation are also parties in Suit No.451 of 1989 and C.S. No.348 of 1991. It is an admitted position that no separate evidence was adduced in this suit. In view of the judgment delivered in Suit No.451 of 1989 no decree can be passed in C.S.349 of 1991. The plaintiffs have not adduced any evidence in support of its claim for damages as pleaded in Paragraph 28 of the plaint. In absence of any evidence and having regard to the findings arrived at in Suit No.451 of 1989 and C.S. No.349 of 1991, the instant suit being C.S. No.349 of 1991 stands dismissed.
(2.) Accordingly, C.S. No.349 of 1991 stands dismissed.
(3.) However, there shall be no order as to costs.;