DALLURAM Vs. RIKHI RAM

JUDGEMENT

(1.) This second appeal preferred by the appellants/defendants under Section 100 of CPC has been admitted for hearing on the following substantial question of law :-

(2.) The plaintiff filed a civil suit for declaration and permanent injunction with regard to suit land bearing Khasra No.133 area 0.95 acre situated at Village Bodri Tahsil Bilha Distt. Bilaspur and the trial Court decreed the said suit. Feeling aggrieved by the judgment and decree of the trial Court, the appellants/defendants preferred an appeal before the first appellate Court in which the appellants/defendants filed two applications dated 19.02.2009 and 23.3.2009 under Order 41 Rule 27 of the CPC. Thereafter the matter was heard finally by the first appellate Court and rejected first application dated 19.02.2009 filed under Order 41 Rule 27 of the CPC but failed to consider and decide second application dated 23.3.2009, though it was directed vide order dated 17.4.2009 to decide both the applications at the time of final hearing.

(3.) Learned counsel for the appellants/defendants submits that the first appellate court erred in law in not deciding the second application dated 23.3.2009 filed under Order 41 Rule 27 of CPC and the other application dated 19.02.2009 was decided after affirming the judgment and decree of the trial Court, as such, the procedure followed by the first appellate Court is erroneous and contrary to the settled law.