KHANI DEVI Vs. SHER CHAND

JUDGEMENT

(1.) INSTANT Regular Second Appeal was filed under Section 41 of the Punjab Courts Act. In view of Full Bench judgment of this Court in Ganpat vs. Smt. Ram Devi and others, 1977, PLR Page I framing of question of law was having no effect on the maintainability of the appeal. However, in view of amendment of Section 100 CPC, framing of substantial question of law is sine qua non for maintaining regular second appeal in this Court. Prior to amendment, the appeal could have been filed on the ground set out in clause (a) to (c) of Section 100(i) CPC. Now second appeal requires substantial question of law to be framed and thereafter inference can be made, because inference cannot be made only because the order is contrary to law, but when the disputed issues raise a substantial question of law limiting such a power in the Appellate Authority based on public policy having roots in the maxim of "interest reipublicae ut sit finis litium".

(2.) ADHERING to the aforesaid requirement, this Court considers that following substantial questions of law can be formulated in this regular second appeal for consideration: -

(3.) PLAINTIFF /respondent filed suit for permanent injunction against the defendant/appellant in respect of land comprised in Rect. 14//Killa No. 20 Min (4 -0) situated in the revenue estate of village Kapurgarh, Tehsil Amloh, District Patiala.