Aravind Kumar, J.

1. This a plaintiffs second appeal questioning the correctness and legality of judgment and decree passed by Principal District Judge, Ramanagara, in R.A. No. 51/2009 dated 18.03.2014 whereunder appeal filed by unsuccessful plaintiff challenging the judgment and decree passed by Principal Civil Judge (Sr. Dn.), Ramanagara, in O.S. No. 167/2006 dated 21.03.2009 dismissing the suit of plaintiff for declaration and consequential relief of possession came to be affirmed. This Court by order dated 08.09.2015 has admitted the appeal to consider following Substantial Question of Law:

"(i) Whether First Appellate Court was justified in dismissing I.A. No. 4 filed by appellant/plaintiff under Order VI, Rule 17 CPC on the ground that same is not maintainable before First Appellate Court?"

2. Facts in brief which has led to filing of this appeal can be crystalised as under: Plaintiff filed suit O.S. No. 167/2006 for a judgment and decree to declare plaintiff is the owner having title to suit schedule property; to cancel the registered sale deed dated 19.05.2005 with a direction to Registering Authority to enter cancellation in their register pertaining to said sale de