GANDHARBA PAL Vs. BULEI SETHI

JUDGEMENT

(1.) THIS is an appeal under Section 100 of the Code of Civil Procedure, 1908 (for short C.P.C.).

(2.) THE facts for disposal of this appeal briefly are that the appellant herein filed T.S. No. 124 of 1988 in the Court of the Civil Judge, (Senior Division), Jagatsinghpur for a declaration that the bricks which were the subject matter of the suit belong to the appellant. The respondents filed written statement in the suit and controverted the allegations made in the plaint. BY judgment and decree dated 17.1.1995, the learned Civil Judge, (Senior Division), Jagatsinghpur, dismissed the suit. Aggrieved, the -appellant filed Title Appeal No. 74 of 1995 in the Court of the learned Addl. District Judge, Jagatsinghpur. The said appeal was posted to 10.11.1998 for hearing when the learned Addl. District Judge, Jagatsinghpur passed the following orders :

(3.) IN response to the notice the respondents have appeared through their counsel and have been heard on the aforesaid substantial question of law.