(1.) This is a plaintiff 's Second Appeal, wherein, the plaintiff/ appellant, herein, has challenged the impugned judgements dated 6th December, 2013, as rendered in Civil Appeal No. 49 of 2011, Billoo Vs. Nagar Palika Parishad, Mussoorie and another, which stood dismissed by the judgement of the learned District Judge, and as a consequence thereto, it has resulted into an affirmation of the judgement and decree dated 28th March, 2011, as rendered by the Court of Civil Judge (Senior Division), Dehradun, in Original Suit No. 519 of 2002, Billoo Vs. Nagar Palika Parishad and another, by virtue of which, the Suit of the appellant for grant of decree of permanent injunction, preferred by the plaintiff/ appellant was dismissed. As a consequence thereto, in fact, the present Second Appeal arises out of a concurrent judgement of the Court below.
(2.) The Second Appeal was admitted by the Coordinate Bench of this Court by the order dated 27th December, 2013, and the following substantial question of law was framed, which is quoted hereunder :-
(3.) While proceeding to hear the Counsel for the parties to the present Second Appeal, and having given a thoughtful consideration, this Court is of the view that it is a fit case, in which, this Court, should exercise its power under Sub-section (4) of Section 100 of the CPC by formulating an additional substantial question of law to the effect that "as to whether the judgement of the Appellate Court suffered from the vices of non-compliance of the provisions contained Order 41 Rule 31 of the CPC ? "