NAGESHWAR PRASAD SINGH Vs. DURGA DEVI

JUDGEMENT

(1.) This second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short `the Code') is directed against the judgment & decree dated 6-5-97 passed by the 2nd Additional District Judge, Ambikapur in Civil Appeal No.2A/93 affirming the judgment & decree dated 26-8-92 passed by the Civil Judge Class-II, Ramanujganj in Civil Suit No.3A/86, whereby learned Civil Judge Class-II has passed the decree for possession & permanent injunction in favour of respondent No.1 herein relating to the suit land.

(2.) I have heard learned counsel for the parties, perused the impugned judgment & decree and record of the Courts below.

(3.) Following substantial questions of law have been formulated for the decision of this appeal: - A. Whether on the findings of Court below itself that the plaintiff is being threatened dis-possession, a decree for possession could be granted? B. Whether the lower appellate Court committed an error of law in refusing to permit the appellant/ defendant to adduce additional evidence?