KAMAL KISHORE BAGARIA Vs. ERIC ALVARIS

JUDGEMENT

(1.) This appeal has been filed calling in question the judgment and decree passed by the learned 1st Additional District Judge, Rourkela in RFA No. 49 of 2007 confirming the judgment and decree passed by the learned Civil Judge (Senior Division), Rourkela in C. S. No. 53 of 2002.

(2.) Heard the learned Counsel for the appellant and respondent in the matter of formulation of substantial question of law for admission of the appeal.

(3.) Learned Counsel for the appellant submits that the dismissal of the appeal by the Lower Appellate Court simply on the basis of the dismissal of the appeal vide RFA No. 50 of 2007 filed against the judgment and decree passed by the learned Civil Judge (Sr. Division ) in C. S. No. 157 of 2002 for abatement is untenable in the eye of law and according to him it is wholly an erroneous approach. Therefore he urges for admission of this appeal on that substantial question of law.