RAM DARASH AND ORS. Vs. MAHESH KUMAR MANDAL

JUDGEMENT

(1.) THIS is a regular second appeal filed under Section 100 CPC against the order dated 22.1.2004 passed by the learned Additional District Judge dismissing the appeal of the appellant. This appeal is pending for the last more than eight years at the admission stage itself. Till date, no efforts have been made by the learned counsel for the appellants to show that any substantial question of law is arising from the appeal.

(2.) I have heard the leaned counsel for the appellants and have gone though the record. The contention of the learned counsel for the appellant is that number of substantial questions of law are arising from the present appeal and, therefore, the appeal deserves to be heard with regard to these questions. Before dealing with the so called substantial questions of law allegedly arising from the present appeal, it would be relevant to give brief background of the case.

(3.) THE appellants -defendants contested the suit by denying that they had ever received any payment either directly or through Kalka Prasad. They also denied the execution of the two documents dated 13.3.1990 and 31.3.1990 either by themselves or by Kalka Prasad. They also denied any oral agreement purported to have been arrived at with the respondent -plaintiff for the sale of the property.