JUDGMENT

G.S. SINGHVI, J.

1. This is an appeal for setting aside order dated 16.05.2007 passed by the learned Single Judge of the Patna High Court whereby she dismissed the second appeal filed by the appellants and upheld the decree passed by 1st Additional District Judge, Jamui (hereinafter described as ‘the lower appellate Court’) in Title Appeal No. 20 of 1989/07 of 1999.

2. The respondents filed suit for grant of a declaration that by virtue of the sale deed executed in their favour by Bhuneshwar Tanti, son of Dukhan Tanti, they have become owner of the suit property, but a cloud has been created on their rights by the judgment and decree passed in Title Suit No. 13 of 1977 filed by Smt. Pariya Devi (predecessor of the appellants herein).

3. Smt. Pariya Devi contested the suit on several grounds including the one that the sale deed was illegal and was not binding on her because the same had been executed in violation of the order of temporary injunction passed on 06.05.1971 in Suit No. 49 of 1970.

4. On the pleadings of the parties, the trial Court framed the following issues:

“1. Whether the suit is legally maintainable.

2. Whether the suit is barred by law of limitation, estoppels, waiver and lispendens.

3. Whether the plaintiff has got valid cause of action to file the suit.

4. Whether the decree passed in Title Suit No. 13 of 1977 is fraudulent, collusive and not binding upon the plaintiff.

5. Whether the plaintiff has acquired title on the basis of sale deed dated 9.11.1973.

6. Whether the plaintiff is entitled to any decree or relief.”

5. After considering the pleadings and evidence of the parties, the trial Court dismissed the suit by holding that in view of the order of injunction passed in Suit No.49 of 1970, Bhuneshwar Tanti was not entitled to execute the sale deed in favour of the plaintiffs. The trial Court held that the plaintiffs were very much aware of the order of injunction passed in Title Suit No.49 of 1970 and said order dated 6.5.1971 passed by the learned Munsif was binding on the parties and their successors.

6. The lower appellate Court adverted to the pleadings of the parties and the order of injunction passed by the learned Munsif in Title Suit No.49 of 1970 and held that once the suit was returned for being presented in the Court of competent jurisdiction, the order of injunction did not survive and the sale deed executed on 9.11.1973 cannot be castigated on the ground of violation of the injunction order. The lower appellate Court further held that the preliminary and final decrees passed in Title Suit No.13 of 1977 were fraudulent and not binding on the plaintiffs. Another finding recorded by the lower appellate Court was that sale deed dated 9.11.1973 was not hit by the doctrine of lis pendens. In view of these findings, the lower appellate Court allowed the appeal of the respondents and decreed the suit filed by them.

7. The second appeal filed by the appellants was dismissed by the learned Single Judge of the High Court by relying upon the judgment of this Court in Amar Chand Inani v. Union of India (1973) 1 SCC 115. She held that none of the questions raised in the second appeal could be termed as a substantial question of law.

8. We have heard learned counsel for the parties and carefully perused the record.

9. There cannot be any quarrel with the proposition of law laid down in Amar Chand Inani’s case that a suit is deemed to have been filed on the date of presentation of plaint before the competent Court but the same does not have any bearing on the question relating to legality of sale deed dated 9.11.1973 executed by Bhuneshwar Tanti during the currency of an order of injunction passed by the learned Munsif on 6.5.1971. It is not in dispute that as on 9.11.1973, i.e., the date on which the sale deed was executed, the order of injunction passed by the trial Court in Suit No. 49 of 1970 was operative. It is also not in dispute that the order of injunction remained effective till 1976 when the plaint was