VITHAL LAXMAN KAMBALE Vs. DEPUTY COMMISSIONER, BELAGAVI

JUDGEMENT

(1.) Suit filed for passing of a decree of permanent injunction having been dismissed by the Trial Court, an appeal, under S.96 of CPC was filed by the plaintiff. The appeal having been dismissed for non-prosecution, this second appeal was filed.

(2.) Registry having sought clarification as to how the second appeal is maintainable, since the first appeal has been dismissed for default and an endorsement having been made on the scrutiny sheet by the learned advocate that 'the appeal under S.100 CPC is maintainable even if R.A. is dismissed by the First Appellate Court, to see the legality of the order in R.A.' the case is listed for orders.

(3.) Perused the appeal memorandum.