LAWS(DLH)-2011-3-463

SHRI HARI CHAND (SINCE DECEASED THROUGH LEGAL HEIRS) Vs. CHAMELI DEVI (SINCE DECEASED THROUGH LEGAL HEIR)

Decided On March 29, 2011
Shri Hari Chand (Since Deceased Through Legal Heirs) Appellant
V/S
Chameli Devi (Since Deceased Through Legal Heir) Respondents

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 01.11.2004 which had reversed the findings of the trial Judge dated 03.02.1997. Vide judgment and decree dated 03.02.1997, the suit for permanent injunction filed by Chameli Devi had been dismissed. The impugned judgment had decreed the suit.

(2.) TRIAL Judge had framed eight issues. It had returned a categorical finding on each of the affronted issues. Suit stood dismissed. In appeal, the first appellate court had reversed this finding. Before the first appellate court, an application under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as the "Code) had been filed. The said application had been allowed on 24.09.2003; the Plaintiff had been granted opportunity to amend his plaint. Admittedly no opportunity had been granted to the Defendant to file written statement to the amended plaint.

(3.) THIS is a second appeal. It had been admitted and on 20.11.2008, the following substantial question of law has been formulated: