The High Court of Punjab & Haryana, by a one-paragraph order, dismissed a civil revision filed after a lower appellate court reversed a decree. The court held it could not re-appreciate evidence as the lower court had already taken a view.
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In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 4986 of 2009 (O&M)
Hawa Singh
..... Petitioner
vs
Daya Nand
..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. R. A. Sheoran, Advocate, for the petitioner. Mr. Anil Ghangas, Advocate, for the respondent.
Rajesh Bindal J.
The only dispute in the present petition is of Rs. 7,652/-. The suit filed by the petitioner was decreed by the learned trial court. However, the judgment and decree of the learned trial court was reversed by the learned Lower Appellate Court on the basis of material on record.
Learned counsel for the petitioner sought to refer the evidence produced by him on record to substantiate his plea that the amount was, in fact, advanced to the respondent. As no second appeal is maintainable before this court, the petitioner has filed the civil revision against the judgment and decree of the learned Lower Appellate Court. This court in revision is not to re-appreciate the evidence led by the parties once a possible view has been taken by the learned court below on appreciation of evidence produced on record.
Accordingly, the revision is dismissed.
( Rajesh Bindal) Judge
8.3.2010 vs.
Hawa Singh
Daya Nand
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
