SHEHZAD KHAN Vs. SHRI OSWAL SAMAJ

JUDGEMENT

(1.) TWO Courts have dismissed plaintiff's suit giving rise to filing of this second appeal under section 100 of CP. Code by the plaintiff contending that the appeal involves substantial question of law within the meaning of section 100 ibid. The impugned judgment and decree is dated 13.5.2003, passed by learned Additional District Judge, Shujalpur in C.A. No. 15A of 2001, which in turn arises out of Civil Suit No. 2-A of 2000, decided by Civil Judge, Class I, Shujalpur, District - Shajapur, on 16.10.2001.

(2.) THE question, therefore, that arises for consideration in this appeal is, whether appeal involves any substantial question of law as is required to be made out under section 100 ibid ? Heard Shri A Siddiqui, learned counsel for the appellant on the question of admission.

(3.) IT was a suit filed by the plaintiff (appellant herein) for seeking a declaration that an ex-parte decree, dated 13.10.1995 passed in one CS. No. 69-A of 1994 is not binding on him as the same was obtained by the respondent (plaintiff in CS. No. 69A of 1994) in collusion with one lawyer. The suit was dismissed and the dismissal was upheld in appeal, giving rise to filing of second appeal by the plaintiff. It was held, and in my opinion, rightly, that plaintiff of this suit who was defendant in C.S. No. 69A of 1994 had filed appeal to get rid of the said decree, but he lost. It is only then, he filed the suit out of which this appeal arises and sought a declaration to avoid its execution.