SHRIPAD GOVIND SINAI Vs. BHIVAM DULO VELIP

JUDGEMENT

(1.) This Second Appeal was admitted on 25/3/2009 on the following substantial question of law:

(2.) However, for the reasons discussed hereafter, I am satisfied that the above substantial question of law does not arise in this Second Appeal. Further, the plaint in Regular Civil Suit No.61/2000, from which these proceedings arise, deserved to be rejected by resorting to the provisions of Order VII Rule 11 of the Civil Procedure Code (CPC).

(3.) In relation to the suit property, earlier, a joint Civil Suit No.104/1969 came to be instituted. This suit was decreed on 18/1/1977. However, the First Appellate Court in Regular Civil Appeal No.62/1977 set aside the decree dtd. 18/1/1977 and dismissed the suit. This was by a decree dtd. 30/3/1979. Second Appeal No.7/B/1979 was partly allowed by this Court, and the matter was remanded to the First Appellate Court for fresh disposal. Upon remand, the same was registered as Regular Civil Appeal No.8/1986.