SHANTI DEVI Vs. NAGAR NIGAM KOTA

JUDGEMENT

(1.) HEARD learned counsel for appellant.

(2.) PLAINTIFF-appellant filed a suit for permanent and mandatory injunction in respect of disputed piece of land i.e. Chabutara measuring 8 feet X 6 feet, which was dismissed by trial court after close scrutiny of evidence and assigning cogent reasons, while deciding relevant issues against plaintiff. First appellate court has affirmed the finding of trial court, while dismissing first appeal of plaintiff. Now, plaintiff has preferred this second appeal.

(3.) HONOURABLE Supreme Court in Gurdev Kaur & Others Vs. Kaki & Others-(2007) 1 SCC 546, considered the true import, scope and ambit of Section 100 CPC by referring the Section 100 CPC, before and after amendment of 1976, various declarations of law by Privy Council and Supreme Court, Legislative 54th background in the Report of the Law Commission of India submitted in 1973, Historical perspective, Rational behind permitting second appeal on substantial question of law, and held as under: