9911796707
TMI Blog2007 (8) TMI 451X X X X Extracts X X X X X X X X Extracts X X X X ..... t and decree dated May 1, 2006, passed in regular First Appeal No. 26 of 2005. By the impugned judgment and decree the appellate court has reversed the judgment and decree passed by the trial court. The appellants had filed a suit for declaration on the allegation that they had purchased certain shares of respondent No. 2 in the year 1991 from the Mumbai Stock Exchange. Subsequent to the purchas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file a civil suit. Respondent No. 1, the transferor of the share did not contest the suit and remained ex-parte. The matter was contested by respondent No. 2. On the basis of the pleadings of the parties, trial court struck issues and allowed the parries to lead evidence. Learned trial judge decreed the suit and issued declaration claimed by the appellants. Aggrieved by the judgment and decree pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n urged by learned counsel for the appellants. A bare perusal of the impugned judgment and decree reveals that the cases cited before me, were relied upon by the appellants before the lower appellate court. Lower appellate court found that the cases were distinguishable in the facts and circumstances of the case in hand. I find no infirmity with the reasons assigned by the lower appellate court. U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missing the appeal. In view of the aforesaid, the findings of fact given by the courts below could not be said to be arbitrary and as such are binding on this court. They are not open to challenge. Material evidence was considered to come to such findings and there is no scope for interference with such findings of fact. It is neither a case of misreading of evidence leading to miscarriage of ju ..... X X X X Extracts X X X X X X X X Extracts X X X X
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