MANOHAR Vs. SHIV KUMAR

JUDGEMENT

(1.) This second appeal under Sec. 100 of the CPC has been preferred by the sole plaintiff/appellant herein against the impugned judgment and decree passed by the learned First Appellate Court in Civil Appeal No. 21-A/2013 (Annexure A/1) whereby allowed the appeal filed by the respondent/defendant by setting aside the judgment and decree of the trial court dtd. 30/8/2010 passed by the Second Civil Judge Class-1 Janjgir, District Janjgir-Champa in Civil Suit No. 999-A/2005.

(2.) The appeal was admitted by formulating the following substantial questions of law:

(3.) The facts necessary for disposal of the present appeal in brief are that the appellant/plaintiff had instituted a suit before the trial Court which was registered as Civil Suit No. 999-A/2005 for possession of the suit land as per Schedule 'B' of the plaint or partition of the joint family property as mentioned in Schedule 'A' of the plaint and separate possession of half share should be given to the plaintiff.