ZAMILA KHATOON Vs. KAPOOR CHAND JAIN

JUDGEMENT

(1.) Heard Mr. Sudhir Kumar Sharma, learned counsel for the appellants.

(2.) This second appeal has been preferred against the Judgment dtd. 19/5/2014, passed by learned District Judge II, Chatra, in Misc. Appeal Case No. 03/2012, whereby & whereunder the Learned District Judge II, Chatra, dismissed the Misc. Appeal Case No. 03/2013-(preferred under Order XXI Rule 97, 103 of C.P.C. r/w Sec. 151 of CPC) and affirmed the Judgment dtd. 3/7/2012, passed by learned Civil Judge, Sr. Division-I, Chatra, in Misc. Case No. 2/2011, arising out of Execution Case No. 1/68, filed under Order XXI Rule 97, 101, read with Sec. 151 of the C.P.C.

(3.) Mr. Sudhir Kumar Sharma, learned counsel for the appellants submits that in Execution Case No. 1/68, a petition under Order XXI Rule 97, 101, read with Sec. 151 of the C.P.C was filed which was dismissed by the learned Civil Judge, Sr. Division-I, Chatra, in Misc. Case No. 2/2011 which was further challenged before the learned appellate court in Misc. Appeal Case No. 03/2012 which was also dismissed. He further submits that the learned courts have not decided the issue on contest and in view of that there is error and as such law points are there to admit the present second appeal.