UNION OF INDIA Vs. GIRIJA SHANKAR SHUKLA

JUDGEMENT

(1.) THIS is the regular second appeal filed by the appellant against the judgment dated 31st May, 2008 passed by the learned ADJ in RCA No. R - 5/2007 by virtue of which the appeal of the respondent was allowed and the order dated 14th November, 2005 passed by the learned Civil Judge dismissing the suit filed by the respondent for declaration and permanent injunction was set aside.

(2.) THE only substantial question of law which has been framed by this Court on 20th May, 2013 is whether the finding of the first appellate Court setting aside the judgment and decree passed by the trial Court suffers from any perversity? If so, what are its effects?

(3.) BEFORE dealing with the said question, it may be pertinent here to give a brief background of the case.