KRISHNA AUTAR MITTAL Vs. SURESH BABU MITTAL

JUDGEMENT

(1.) Heard Sri. S. K. Verma, Senior Advocate, assisted by Sri. Siddhartha Varma for the appellant, Sri. B. K. Narain for respondent No. 1 and learned standing counsel.

(2.) This special appeal has been filed against the judgment and order dated 26-9-2006 passed by Hon'ble Single Judge dismissing the writ petition. The writ petition was filed by the plaintiff appellant challenging the order of the appellate Court, District Judge, Badaun in Appeal No. 6 of 2006, dated 30th March, 2006 by which order the appeal filed by the defendant against the trial Court's decree passed in Original Suit No. 75 of 1991 dated 4th February, 2006 was admitted.

(3.) The Stamp Reporter of the Court has raised objection regarding maintainability of this special appeal. Learned counsel appearing for the respondents has also supported the objection and contended that this special appeal is not maintainable under Chapter VIII, Rule 5 of the Rules of the Court.