ANAND SINGH BISHT Vs. NUSRAT ULLAH KHAN

JUDGEMENT

(1.) Mr. Sarvesh Agarwal, Advocate, present for the appellants/defendants.

(2.) Heard the learned counsel for the appellants and perused the record.

(3.) This is defendants' second appeal. A suit for permanent injunction was filed before the learned Civil Judge (Senior Division), Nainital which was decreed in favour of the plaintiffs. Appeal filed against the said order, was also dismissed. In sum and substance, the only substantial question of law which the counsel for the appellants has raised before this Court, is that under Order 41 Rule 25 of the Code of Civil Procedure, if the first appellate court had framed new issues, he was liable to send the matter back to the trial court to give finding on such issues. Order 41 Rule 25 of the Code of Civil Procedure reads as under:-