KRISHNA KANT GUPTAS Vs. ANITA KHEMKA

JUDGEMENT

(1.) THIS Second Appeal, which is the proto -type of the earlier Second Appeal No. 1163 of 1998, has come to be filed again by the same appellants and against the same impugned order, dated 28 -7 -1998 passed by Sri Ramesh Chandra Singh, IXth Additional .District Judge, Varanasi in Civil Appeal No. 435 of 1977, Smt. Laxmi Devi Gupta v. State of U.P. and Ors. The earlier appeal No. 1163 of 1998 was dismissed by this Court as not main ­tainable. In the earlier Second Appeal No. 1163 of 1998, which was filed by the present appellants, a preliminary objection was taken on behalf of the contesting respondents that the Second Appeal is not maintainable without leave of the Court as the appellants were not parties either to Suit No. 169 of 1994 or to First Appeal No. 435 of 1997.

(2.) AFTER hearing the learned Counsel for the parties at some length, the appeal was dismissed on 8 -8 -1998 by this Court holding that it was not maintainable without leave of the Court as the appel ­lants were strangers to the suit as well as First Appeal. For the sake of clarity and better appreciation of the legal question involved in the present Second Appeal, which is virtually the extension of the ear ­lier appeal, which stands dismissed, it would be proper to extract relevant por ­tion of the judgment dated 8th August, 1998: ......The appellants cannot file the second appeal without the leave of this Court. Sri Verma Counsel for the appellants was repeated ­ly asked by this Court whether he is prepared to move a proper application for leave of this Court so that appropriate orders may be passed after hearing the other side also. Sri Verma maintained and reiterated that no application or prayer for leave to appeal is necessary to file the present second appeal.

(3.) HEARD Sri R.N. Singh, learned Counsel for the appellants and Dr. R.G. Padia, on behalf of the respondents at con ­siderable length.