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2006 Supreme(SC) 815

ARIJIT PASAYAT, S.H.KAPADIA
Jawala Singh (D) By Lrs. – Appellant
Versus
Jagat Singh (D) by Lrs. – Respondent


JUDGMENT

Arijit Pasayat, J.—In these appeals challenge is to the judgment rendered by a learned Singh Judge of the Punjab and Haryana High Court allowing the Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (in short the CPC). The Second appeal was partially allowed by setting aside the judgment and decree of the First appellate Court in the plaintiffs suit for possession to the extent of land measuring 36 kanals comprised in Khasra Nos. 646,647 and 648.

2. Though many points were urged basically it was urged that the Second appeal was allowed without formulating any question of law for adjudication. This according to appellants rendered the judgment vulnerable.

3. Learned counsel for the respondents submitted that though specific question of law was not formulated, the High Court analysed the evidence and kept to the correct conclusion.

4. Section 100 of the Code deals with "second appeal". The provision reads as follows:

"100(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any court subordinate to the High Court, if t


















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