GOPAL MEHROTRA Vs. LAKSHMAN SINGH

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 100 of Code of Civil Procedure, 1908 is di rected against the judgment and decree dated 09. 05. 2003, passed by learned District Judge, Almora, in Civil Appeal No. 04 of 2003, whereby the said ap peal was dismissed affirming the judg ment and decree dated 01. 06. 2001, passed by the trial court (Civil Judge (Junior Division), Ranikhet), in suit No. 06 of 1998. The trial court had dis missed the suit of the plaintiff for spe cific performance of contract.

(2.) HEARD learned counsel for the par ties and perused the record.

(3.) AGGRIEVED by said judgment and decree dated 01. 06. 2001, passed by the trial court, the plaintiff filed civil appeal (No. 04 of 2003) before the District Judge, Almora. However, said court af ter hearing the parties, dismissed the appeal not only on the ground that the secondary evidence was inadmissible but also on the ground that prospecting li cence/mining lease, granted by the Gov ernment to the defendant was non trans ferable licence and an agreement against the law cannot be enforced.