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2004 Supreme(SC) 790

ARIJIT PASAYAT, C.K.THAKKER
Chadat Singh – Appellant
Versus
Bahadur Rama – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

As the only point on which notice was issued related to the desirability of disposing of the Second Appeal in terms of Section 100 of the Code of Civil Procedure, 1908 (in short the Code ) without formulating the substantial question of law by the High Court, it is not necessary to deal with the factual aspects in detail. The second appeal and two miscellaneous petitions were disposed of by a common judgment which form matrix of the present appeals.

2. Respondent-Bahadur Ram filed a suit for specific performance against 9 defendants. The suit was decreed by the trial Court. However, the same was upset by learned Additional District Judge, Kurukshetra. Bahadur Ram filed Second Appeal No. 594/1995 against the judgment of learned Additional District Judge. By the impugned judgment the trial Court s judgment and decree have been restored and that of the first Appellate Court was reversed.

3. Though various points were urged by learned counsel for the appellant it is not necessary to go into those aspects in view of the limited scope of the present appeals in view of the notice issued. There is no appearance on behalf of the respondents.

4. Mr. Mah




















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