NAND LAL Vs. CHHOTTEE

JUDGEMENT

(1.) Nand Lal, defendant has filed this regular second appeal against the judgment and decree of the learned Additional District Judge, Sonepat, dated 18th January, 1974, by which the judgment and decree of the trial Court decreeing the plaintiff's suit, have been affirmed.

(2.) In order to appreciate the controversy, certain salient features of the case may be noticed:-

(3.) The defendant has filed Civil Miscellaneous No. 1129-C/1983, under Order 41 Rule 2 read with Section 151 of the Code of Civil Procedure, praying that the appellant be permitted to argue that the jurisdiction of the Civil Court was barred under section 13 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the Act). Notice of this application was given to the learned counsel for the respondent, who has filed a detailed reply and has opposed the prayer.