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2011 DIGILAW 302 (RAJ)

General Manager, Telecom District, Bharat Sanchar Nigam Ltd. , Bharatpur v. Mukesh

2011-02-09

NARENDRA KUMAR JAIN

body2011
JUDGMENT 1. - Application dated 17.01.2011 under Section 149 Civil Procedure Code is dismissed as withdrawn. 2. Another application dated 04.02.2011 under Section 149 Civil Procedure Code is allowed. Time to deposit deficit Court fees is extended till actual date of deposit of Court fees. 3. Heard learned counsel for the appellants on admission of the appeal. 4. Plaintiff-respondent filed a suit for recovery of a sum of Rs. 26,5117-in the trial Court. It was pleaded in the plaint that plaintiff was not having any S.T.D. connection, but despite that bill was sent to him for that. Although, he has already paid that amount, but the demand raised by the defendants-appellants was wrong, therefore, he was entitled to receive back the said amount. 5. Learned trial Court recorded a finding that plaintiff is entitled to receive back the said amount and passed a decree accordingly. Being aggrieved with the same, an appeal was preferred by the defendants-appellants, which was dismissed by District Judge, Dholpur vide judgment and decree dated 27.08.2010. Hence, this second appeal has been preferred by the defendants. 6. I have heard learned counsel for the appellants and considered his submissions in the light of reasons assigned by both the Courts below for decreeing the suit of the plaintiff. 7. The issue involved in the present case is purely a question of fact and there is concurrent finding of fact by both the Courts below, which cannot be interfered with by this Court in second appeal under Section 100 Civil Procedure Code. 8. No substantial question of law is involved in this second appeal and the same is, accordingly, dismissed in limine.Appeal Dismissed. *******