RAMESHWAR DAYAL MANGALA Vs. HARISH CHAND

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are directed against the judgment of a learned Single Judge of the Punjab and Haryana High Court disposing of an appeal filed under section 100 of the Code of Civil Procedure, 1908 (in short 'CPC').

(3.) The respondent as plaintiff has filed a suit for mandatory injunction. The appellant filed written statement refuting the assertions by the plaintiff. Replication was filed by the respondent. The trial Court framed 11 issues and learned Subordinate Judge, 1st class, Palwal, decided issue Nos. 1, 2 and 10 in favour of the respondent decreeing the suit in mandatory injunction. An appeal was preferred by the appellant which was decided by learned Additional District Judge, Faridabad, and was allowed. Questioning the judgment and decree passed by the First Appellate Court, second appeal was filed which was allowed by the impugned judgment. It is to be noted that cross objection was also filed in terms of Order 41, Rule 22, Civil Procedure Code. Though many points have been urged in support of the appeal, the primary stand is that the second appeal was allowed without formulating any substantial question of law. Learned counsel for the respondent submitted that though question of law was not formulated, after analysing evidence and applicable principles of law the High Court has allowed this appeal.