PHEKAN BAI Vs. NEERA BAI

JUDGEMENT

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

(2.) The plaintiffs' suit for declaration of title and permanent injunction was dismissed by the trial Court on 19.09.1983. Feeling aggrieved against the judgment and decree passed by the trial Court, the original plaintiff preferred first appeal under Section 96 of the Code of Civil Procedure (in short 'the CPC') which was allowed by the first appellate Court on 09.10.2001 and remanded the matter to the trial Court to make valuation of suit land within one month and pay proper Court fee before the trial Court.

(3.) The plaintiff preferred an application under Section 149 of the CPC for extension of time to pay the court fee which was rejected by the trial Court on 15.05.2003 and the suit was dismissed. The appeal preferred by the plaintiffs was also dismissed by the impugned judgment and decree. Questioning the same, this second appeal by the plaintiffs has been preferred under Section 100 of the CPC in which substantial question of law has already been framed which has been set out in the opening paragraph of this judgment.