RUPINDER SINGH AND ORS. Vs. NARANJAN SINGH

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 PunLR 1 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.) Before adverting to the facts of the present appeal, it is necessary to peruse the status of other connected appeals. In the present appeal, pleadings of the parties are complete. However, in other connected appeals pleadings are not complete.