RAJ MOHAN DEWANGAN Vs. STATE OF C G

JUDGEMENT

(1.) Invoking the second appellate jurisdiction of this Court under Section 100 of the Code of Civil Procedure, 1908 (in short "CPC") against the impugned judgment and decree dated 21-1-2002 passed by First Additional District Judge, Jagdalpur, District Bastar in Civil Appeal No. 40-A/2001 affirming the judgment and decree dated 11-5-2001 passed by Civil Judge, Class II, Narayanpur, Bastar in Civil Suit No. 4-A/1988 dismissing the suit of the plaintiffs, the instant appeal has been filed.

(2.) Mr. Parag Kotecha, learned Counsel appearing for the appellants/plaintiffs would submit that the order dated 24-3-1998 passed by the Trial Court, setting aside the ex parte decree is illegal and such an order is an error affecting the decision of the case within the meaning of Section 105(1) of the CPC, which can be set forth as ground of objection in this second appeal, and would further submit that concurrent finding recorded by two Courts below are also perverse. Shri Kotecha, proposed following two substantial questions of law in this second appeal:--

(3.) I have heard learned Counsel appearing for the appellants/plaintiffs and perused the records of both the Courts below carefully.