CFA – 81/89-Raisinghnagar Co-operative Marketing Society Ltd. Vs. RSEB & Anr. Judgment dt.17.3.09 1/2 S.B. CIVIL FIRST APPEAL NO.81/1989 Raisinghnagar Co-operative Marketing Society Ltd. Vs. R.S.E.B. & Anr. Date of Order : 17th March, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. V.K. Agarwal for the appellant. Mr. Bhagat Dadhich for Mr. Mridul Jain for the respondents. --------- 1. Heard learned counsels. 2. This appeal arises out of the judgment and decree of the learned trial court dated 4.1.1989 whereby the learned trial court dismissed the suit filed by the plaintiff appellant namely Civil Suit No.2/1986. 3. Learned trial court in the impugned judgment has found that the plaintiff did not lead any evidence in support of his case whereby he challenged the bill issued by the respondent R.S.E.B. for the month of March, 1986 for the sum of Rs.5,71,216.14 including therein the past arrears of Rs.4,55,637.85. 4. The learned trial court framed as many as 8 issued on the basis of pleadings of the parties and in absence of any evidence led by the plaintiff decided all the issues against the plaintiff and dismissed the suit. 5. Learned trial court has found while deciding issue No.1 that in absence of any evidence, the plaintiff society could not be held to be a registered Cooperative Society. Deciding issue No.2, the CFA – 81/89-Raisinghnagar Co-operative Marketing Society Ltd. Vs. RSEB & Anr. Judgment dt.17.3.09 2/2 learned trial court held that no evidence was led by the plaintiff to establish as to in what manner the bill raised by the defendant R.S.E.B. for the month of March 1986 was wrong or irregular in any manner. The issue No.3 being of the same nature as the issue No.2 was also decided against the plaintiff. The issue No.4 relating to valuation of suit of which burden was on the defendant was however decided in favour of the plaintiff as the defendant also did not lead any evidence in this regard. Issue No.6 was not pressed by the defendant so also issue No.7. 6. Consequently, the learned trial court came to the conclusion that there was no valid ground to assail the validity of the bill for the month of March 1986 raised by the defendant R.S.E.B. against the plaintiff. 7. Having heard learned counsel for the respondent- defendant and upon perusal of the record, this Court is satisfied that in view of the absence of any evidence led by the plaintiff before the learned trial court, the conclusions and findings arrived at by the learned trial court cannot be assailed in this appeal successfully. 8. Consequently this appeal is found to be devoid of merit. The same is accordingly dismissed. No costs. [ DR. VINEET KOTHARI ], J. item No.14 babulal/-