ALKA BHATIA Vs. KANHIYA LAL BHATIA

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant under Section 100 of the CPC against the judgment dated 12.11.2014 passed by the learned first appellate court in R.C.A. No.8/13 affirming the ex parte judgment and the decree dated 22.11.2011 dismissing the suit bearing No.6/2010 of the appellant/plaintiff.

(2.) I have heard the learned counsel for the appellant and have also gone through the record. The main contention of the learned counsel for the appellant is that the present regular second appeal involves substantial question of law inasmuch as the family settlement which was arrived at between the parties on the basis of which the suit for declaration, mandatory and permanent injunction was filed by the appellant was not required to be compulsorily registered. It has been stated by him that the family settlement was as a matter of family arrangement and though he had performed his part of the obligation in terms of the family settlement, the respondent is now stopped from retracing his steps. The appellant has also sought to place reliance in this regard on judgments of this court in case titled Amarjeet Lal Suri vs. Moti Sagar Suri and Ors., 2005 119 DLT 295 and Vikram Singh and Anr. Vs. Ajit Inder Singh, 2014 210 DLT 145).

(3.) I have considered the submissions made by the learned counsel for the appellant and have also gone through the record. Before dealing with the submissions made by the learned counsel for the appellant, it may be pertinent here to give brief background of the case.