RANJEET KHANNA Vs. CHIRAGU DEEN

JUDGEMENT

(1.) THIS judgment will lift the veil of the civil suit, which was instituted by plaintiff -Shri Chiragu Deen on 15th December, 1988, and came to be decreed by the Sub Judge 1st Class, Shimla, District Shimla (hereinafter referred to as "the trial Court") vide judgment and decree, dated 24th February, 1995. Defendant No. 1 -Shri Ranjeet Khanna, feeling aggrieved, questioned the same before the Additional District Judge, Shimla (hereinafter referred to as "the First Appellate Court") by the medium of Civil Appeal in terms of the mandate of Section 96 of the Code of Civil Procedure (hereinafter referred to as "CPC"), was dismissed vide judgment and decree, dated 11th January, 2001, confirmed the findings recorded by the trial Court.

(2.) DEFENDANT No. 1 -Appellant has invoked the jurisdiction of this Court in terms of Section 100 of the CPC, i.e. Civil Second Appeal, which is on the Board of this Court right from 27th April, 2001. Notice was issued to the respondents and operation of the impugned judgment and decree was stayed. The appellant -defendant No. 1 has questioned the judgments and decrees passed by both the Courts below on the grounds taken in the memo of Second Appeal.

(3.) THIS file has remained on dockets of this Court for the last more than thirteen years and came up for consideration before this Bench on 7th March, 2014 and following additional substantial question of law was framed in terms of the proviso to Section 100 CPC and the parties were directed to argue on the said substantial question of law also: