BABUBHAI KESHABHAI VALAND Vs. RAMESHBHAI RAMABHAI PRAJAPATI

JUDGEMENT

(1.) Present Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the appellant herein - original plaintiff to quash and set aside the impugned judgment and decree dated 25.07.2005 passed by the learned trial Court learned 4th Additional Sr. Civil Judge, Nadiad in Regular Civil Suit No. 235 of 2003 as well as the impugned judgment and order dated 29.02.2012 passed by the learned Appellate Court - learned 7th (Adhoc) Additional District Judge, Kheda at Nadiad in Regular Civil Appeal No. 332 of 2005 by which the learned lower Appellate Court has dismissed the said Appeal preferred by the appellant herein - original plaintiff by confirming the judgment and decree passed by the learned trial Court dismissing the suit.

(2.) Facts leading to filing of the present Second Appeal in nutshell are as under :

(3.) Shri Adeshra, learned advocate appearing on behalf of the appellant has vehemently submitted that the impugned order passed by the learned lower Appellate Court cannot be sustained. It is submitted that as such the learned Appellate Court has not exercised the appellate jurisdiction vested in it more particularly the exercising jurisdiction under Section 96 read with Order 41 Rule 31 of the CPC. It is submitted that the learned Appellate Court has not reappreciated the evidence on record and in just one paragraph and without even discussing the evidence on record and even without raising the points for determination on the basis of issues which were raised by the learned trial Court, the learned Appellate Court has dismissed the Appeal without even assigning any reasons.