LAWS(CHH)-2019-3-12

BASDEO AND OTHERS Vs. AMARNATH GUPTA AND OTHERS

Decided On March 14, 2019
Basdeo And Others Appellant
V/S
Amarnath Gupta And Others Respondents

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the second appeal preferred by the defendants is as under:-

(2.) The plaintiff's suit for declaration of title, permanent injunction and vacant possession after demolition of superstructure with respect to the suit land based on patta dated 29.6.1980 issued by the competent authority was dismissed by the trial Court. First appeal was preferred by the plaintiff against the judgment and decree of the trial Court before the first appellate Court. During pendency of first appeal, patta dated 29.6.1980 was filed without any application under Order 41 Rule 27 of the CPC. That document was taken on record by the first appellate Court and relying upon that document i.e. patta dated 29.6.1980 allowed the appeal, against which, this second appeal under Section 100 of the CPC has been filed by the appellants/defendants, in which substantial question of law has been formulated by this Court, which has been set-out in the opening paragraph of this judgment.

(3.) Mr.Rishi Mahobia, learned counsel for the appellants/defendants, would submit that the first appellate Court is absolutely unjustified in taking patta dated 29.6.1980 on record without there being any application under Order 41 Rule 27 of the CPC and further erred in law in relying the said document, as such, the judgment and decree of the first appellate Court is liable to be set aside.