KALAWATI Vs. MOHINI DEVI

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff. This court vide order dated 16-02-1996, while admitting the appeal had formulated the following substantial question of law:-

(2.) The facts leading to filling of this appeal briefly stated are that the plaintiff had filed the suit seeking a relief of declaration and possession. The suit filed by the plaintiff was dismissed by the trial Court vide the judgment and decree dated 03-08-1994. Being aggrieved by the aforesaid decree, the appellant preferred an appeal. The appellate court vide order dated 19-09-1994 summarily dismissed the appeal preferred by the appellant without issuing notice to the respondents.

(3.) Learned counsel for the appellant submitted that lower appellate Court grossly erred in dismissed the appeal preferred by the appellant summarily without even issuing notice to the respondents. On the other hand, learned counsel for the respondents submitted that the order passed by lower appellate Court is perfectly justified and does not call for any interference.