DASHRATH RAO KATE Vs. BRIJ MOHAN SRIVASTAVA

JUDGEMENT

(1.) The judgment of the High Court, allowing the Second Appeal is in challenge by way of this Appeal. The Second Appeal was filed by the respondent/defendant challenging the judgment of the Appellate Court, whereby the Appellate Court had confirmed the decree passed by the Trial Court.

(2.) Two other substantial questions proposed by the appellant (respondent herein) before the High Court by the respondent herein were:

(3.) The High Court, however, took into consideration the first question of law and held that if that question of law was answered in favour of the appellant (respondent herein), then the Second Appeal would have to be allowed in favour of the tenant-respondent. It is only on that ground that the appeal came to be allowed. In paragraph 7 of the impunged judgment, the High Court expressed that the gist of the first question was whether the evidence recorded by the Court below before allowing the application under Order 22 Rule 5 of the Code of Civil Procedure (hereinafter referred to as 'CPC', for short) could be looked into also for passing a final decree against the appellant-defendant (respondent herein). It, however, observed that if that evidence was ignored, then the plaintiff (appellant herein) had not led any evidence to show that he had locus standi to continue the suit.