BALDEV SINGH Vs. SIRI RAM

JUDGEMENT

(1.) THE appellant plaintiff Godawar Singh failed in both the Courts below and filed the present Regular Second Appeal. During the pendency of appeal, he had died, as such his legal representatives were brought on record. This appeal was admitted on the following questions of law:

(2.) AS a matter of fact this second appeal under Section 100 of the Civil Procedure Code has been filed feeling aggrieved, against the judgment and decree dated 28.4.1997 passed by the learned District Judge, Bilaspur, in Civil Appeal No. 6 of 1992, whereby the learned District Judge while dismissing the appeal filed by the present appellants, affirmed the judgment and decree passed by the learned Sub Judge, Bilaspur, on 30.11.1991.

(3.) IT was further averred that earlier also the defendant had filed a suit, based upon his said revenue entries qua the disputed land and in that suit, he had sought the interim relief of injunction by moving an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, which was dismissed vide order dated 22.6.1997 (Ex. PA) as the said entries of the defendant were found to be wrong and illegal. The defendant thereafter withdrew his suit. Thus, the plaintiff herein, sought the relief of declaration with a consequential relief of injunction.