JAI NARAIN CHARITABLE REGISTERED SOCIETY Vs. KUMUD VERMA

JUDGEMENT

(1.) This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 11-2-1997 in C. A. No. 31-A/95, whereby the XIth Additional District Judge, Jabalpur has dismissed the appeal filed by the appellant against the judgment dated 20-9-1993 passed by VIth Civil Judge Class-I, Jabalpur in Civil Suit No. 11-A/90.

(2.) It is not necessary to state the facts of this case because the learned trial Judge had rejected the plaint in exercise of its power under Order 7 Rule 11 of the Code of Civil Procedure, holding that the suit was not maintainable. The learned trial Judge did not frame a decree. Thereupon, the appellant filed an appeal against the judgment 20-9-1993 without filing the copy of decree. It is not disputed that the learned trial Judge did not draw up a decree. The attempt on the part of the appellant to get a decree drawn up also failed. The lower appellate Court has rejected the appeal filed by the appellant on the ground that in absence of a copy of decree no first appeal lay.

(3.) On the aforesaid facts the appeal can be disposed of on Substantial Question No. (c) framed by this Court on 29-7-97. It is not necessary to answer Questions Nos. (a) and (b). The Question No. (c) is as follows :-