SHAMSHER SINGH Vs. STATE

JUDGEMENT

(1.) THIS second appeal, preferred under Section 100 of the Code of Civil Proce dure, 1908 (hereinafter referred as C. P. C.), is directed against the judgment and decree dated 2/-08-1979, passed in Civil Appeal No. 72 of 1979, by lower appellate court (Civil Judge, Nainital), whereby the judgment and decree dated 14-05-1979, passed in Original Suit No. 45 of 1976, by Munsif, Kashipur, dis missing the suit, is affirmed: (Earlier Tehsil Kashipur was part of district Nainital ).

(2.) HEARD learned counsel for the parties and perused the papers on record.

(3.) 05-1975. Challenging the validity of notice under Section 80 of C. P. C. , the defendant further challenged the jurisdic tion of the civil court to try this suit.