(1.) For valid admission of Civil Second Appeal, formulation of substantial question of law for determination as ordained by Section 100 of Code of Civil Procedure is sine qua non. The formulation must be such which may not in any way be liberal so as to defeat the object and scope of Second Appeal, limits of which are well defined by the phraseology of Section 100 Code of Civil Procedure itself.
(2.) The litigative process in between the parties has started with the institution of plaint on 24.11.1986. After two decades the said suit for ejectment has been decreed vide judgment and decree dated 28.3.2007 by the Court of Sub Judge (CJM) Srinagar. The appeal preferred by the Appellants before the first appellate court of District Judge, Srinagar failed as dismissed vide judgment and decree dated 22.10.2009, hence the present Civil Second Appeal.
(3.) In view of the protracted litigative process the Respondents with the aim and object of getting early disposal of the Second Appeal, have before institution of this appeal lodged the caveat so caused the appearance on its first date of hearing.
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