NATHALAL LAXMANBHAI SAGATHIA Vs. UDHYOGBHARTI KHADI GRAMODHYOG SANSTHA

JUDGEMENT

(1.) THE present Second Appeal has been filed under Section 100 of the Civil Procedure Code by the appellant-original defending challenging the Judgment & Order dated 24.12.1997 passed by the Learned Joint Civil Judge (JD), Gondal in Regular Civil Suit No.264 of 1989 and the Judgment & Order dated 09.02.2010 passed by the learned 2nd Additional District Judge, Gondal in Regular Civil Appeal No.12 of 1998, wherein following substantial question of law are raised :-

(2.) THE appellant is the original defendant, who filed Regular Civil Suit No.264/1989 before the Court of the Learned Civil Judge (JD) at Gondal, which came to be decreed by Judgment & Order dated 24.12.1997, by which, the original defendant was directed to hand over the vacant and peaceful possession of the suit premises. THE said order was challenged by way of Regular Civil Appeal No.12/1998 before the District Court by the heirs of the defendant (the present appellant), which came to be dismissed by Judgment & Order dated 09.02.2010 by the learned 2nd Additional District Judge, Gondal. THErefore, the present Second Appeal has filed raising the aforesaid substantial questions of law.

(3.) IT is well settled that scope of exercise of discretion under Section 100 of the Civil Procedure Code in Second Appeal is very limited and unless it has been shown that there is a substantial question of law, which can be said have involved, normally concurrent findings of fact could not be interfered with.