LAWS(SC)-2004-8-29

CHADAT SINGH Vs. BAHADUR RAMA

Decided On August 03, 2004
CHADAT SINGH Appellant
V/S
BAHADUR RAMA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) As the only point on which notice was issued related to the desirability of disposing of the second appeal in terms of S. 100 of the Code of Civil Procedure, 1908 (in short the Code) without formulating the substantial question of law by the High Court, it is not necessary to deal with the factual aspects in detail. The second appeal and two miscellaneous petitions were disposed of by a common judgment which form matrix of the present appeals.

(3.) Respondent-Bahadur Ram filed a suit for specific performance against 9 defendants. The suit was decreed by the trial Court. However, the same was upset by learned Additional District Judge, Kurukshetra. Bahadur Ram filed Second Appeal No. 594/1995 against the judgment of learned Additional District Judge. By the impugned judgment the trial Courts judgment and decree have been restored and that of the first appellate Court was reversed.