ANIS MOHAMMAD Vs. RASHIDA BAI

JUDGEMENT

(1.) THIS second appeal is filed by the plaintiff under section 100 of CP Code against the judgment/decree, dated 17.10.2006, passed by learned Additional District Judge, Shajapur in Civil Appeal No. 43 -A of 2005, which in turn arises out of Civil Suit No. 92 -A of 2005, decided by Civil Judge, Class I, Shujalpur, on 13.8.2005. So the question 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 of C.P. Code ? Indeed, the sin qua none for admission of appeal under section 100 of C.P. Code is to find out whether any substantial question of law is made out by the appellant (plaintiff)?

(2.) HEARD Shri M. Phadke, learned counsel for the appellant on the question of admission.

(3.) THE trial Court decreed the suit but first appellate Court dismissed it by allowing the appeal. As a consequence, the suit stood dismissed giving rise to filing of this appeal by the plaintiff.