ANITA KUMARI Vs. MUNEER AHMAD

JUDGEMENT

(1.) THIS is an application seeking permission of this court to file the Civil Second appeal, as Letters Patent Appeal, against the judgment and decree passed by a learned Single Judge in Civil 1st appeal No. 31/1988 and for further reliefs, Indeed this CMP is arising out of a second appeal presented by the appellant on 3.3.1992 seeking to challenge the correctness and legality of the Judgment and decree passed by the 1st appellate court dated 3.1.1992. It is seen there from that the learned Single Judge while dealing with the first appeal held:

(2.) WE have heard learned counsel for the parties. Learned counsel for the respondents at the outset raised a preliminary objection as regards the maintainability of this civil second appeal. We are therefore obliged to look into the provisions of Section 100 A C.P.C, 1977 (1920 A.D) of the State of Jammu and Kashmir, which is extracted as under:

(3.) THUS in the language employed in Section 100 -A extracted above, it is seen that a restriction is patently declared that once a decree is passed in the first appeal, no further appeal shall lie from the judgment and decree of such first appeal, passed by a learned Single Judge of the High Court.