RAIPUR DEVELOPMENT AUTHORITY Vs. GOPICHAND KHEMANI

JUDGEMENT

(1.) The substantial questions of law formulated on 10-12-2013 and to be answered are as under:

(2.) The trial Court, by judgment and decree dated 30-9-1997 in Civil Suit No. 170-A/1995, dismissed the suit holding that the cancellation of allotment of the suit plot vide the notice dated 12-10-1990 (Ex. D-2) is not illegal as the plaintiff failed to comply with the terms and conditions of the auction (Ex. D-1).

(3.) On an appeal being preferred by the plaintiff under Section 96 of the Code of Civil Procedure, 1908 (henceforth 'the CPC'), the first appellate Court, by judgment and decree dated 7-5-1999 in Civil Appeal No. 9-A/1998, allowed the appeal and decreed the suit of the plaintiff.