KISHORE SARMA Vs. SANWARMAL AGARWALLA

JUDGEMENT

(1.) HEARD Mr. A. J. Atia, learned counsel for the appellant. This is an appeal filed by the plaintiff against the judgment and decree dated 28.05.1999 passed by the Civil Judge (Senior Division), Sibsagar in Title Appeal No.16 of 1994 arising out of judgment and decree dated 23.09.1994 passed by Civil Judge (Junior Division), Sibsagar in Title Suit No.77/1987. By impugned judgment and decree, the first Appellate Court confirmed the judgment and decree of the trial Court which dismissed the plaintiff's suit for ejectment /recovery of arrears.

(2.) SO the short question that arises for consideration in this appeal is whether this appeal involves any substantial question of law within the meaning of Section 100 of the C. P. Code so as to admit this appeal for final hearing?

(3.) I have noticed that this appeal was filed as far back as in the year 2000. For one or other reason in last 14 years it was not heard on the question of admission and remained pending. I have perused the memorandum of appeal filed by the appellant (plaintiff) and find that it does not satisfy the requirement of Section 100(3) of the C. P. Code which in clear terms provide that memorandum of appeal should specify the substantial question of law arising in the case. In other words, I noticed that the memorandum of appeal did not specify much less precisely what according to the appellant is a substantial question of law involved in this second appeal as provided under Section 100. The memorandum of appeal contains only the requirement of Order 41 Rule 1(2).