MODIPON LTD Vs. ARUNA KOHLI

JUDGEMENT

(1.) This second appeal has been filed under section 100 of CPC wherein the appellant raised 24 questions of law (A to X) terming them as substantial questions of law. The first question reads as under: Whether the judgment of the trial court is a nullity as it has failed to deal, discuss, answer and decide the most important issue, which goes to the root of the matter, in view of the requirement of Order 20 Rules 4&5 and Order 14 Rule 2 CPC which mandate the trial Court to return findings on all the issues? and there are 23 other similar questions of law. The questions raised show that the appeal was filed in casual manner raising any question and terming it as a substantial question of law.

(2.) During arguments the learned Sr. Counsel for appellant submitted following 12 questions of law for consideration of court and stated that these were the substantial questions of law being raised:

(3.) In order to appreciate whether any substantial question of law arises or is raised, it would be necessary to have a brief resume of the facts.