VIDYUT KUMAR NATH Vs. D K NATH

JUDGEMENT

(1.) The substantial question of law formulated and to be answered in this plaintiffs' second appeal states as under:

(2.) The trial Court, by its order dated 26.07.2002 held that the instant suit filed by the plaintiffs for declaration of title and permanent injunction is hit by Section 4(1) of the Act of 1988 and allowed the application under Order 7 Rule 11(d) of the Code and in consequence thereof dismissed the suit.

(3.) On appeal preferred by the plaintiffs, the first appellate Court, by it order dated 19.2.2002 concurred with the findings of the trial Court and dismissed the appeal.