SAROJ AGGARWAL Vs. MEHAR SINGH & ORS

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 5th August, 2017 in RCA No.325/2016 of the Court of Additional Senior Civil Judge (West)] of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 12th July, 2013 in Suit No.221/2010 of the Court of Civil Judge (Central)-05] of dismissal of the suit filed by the appellant/plaintiff for permanent and mandatory injunction.

(2.) This appeal came up first before this Court on 26th February, 2018 when, without expressing any satisfaction of the appeal entailing any substantial question of law and without framing substantial question of law, notice of the appeal was ordered to be issued. In the order dated 10th July, 2018, it was recorded, that respondents/defendants No.1 to 3 and 6 to 9 were reported to be served and the notice issued to respondents No.4 &5 remained unserved; the counsels for respondent No.7 Mukesh Sharma, respondent No.6 Jai Kishan Gautam and respondent/defendant No.2 Laik Ram appeared. The counsel for the appellant/plaintiff, on that date was unable to satisfy this Court that the appeal entails any substantial question of law. Finding that the respondent/defendant No.4 Master Rajesh had not contested the suit, his service was dispensed with and subject to the appellant/plaintiff depositing costs of Rs.10,000/-, the hearing was adjourned to today for service of respondent/defendants No.5.

(3.) The counsel for the appellant/plaintiff states that costs have been deposited and has furnished the proof thereof to the Court Master, who confirms.