( 1 ) THIS is an appeal under section 96, CPC, at the instance of the appellant who was the plaintiff in Regular Civil Suit No. 1395/98, and who was also the defendant in Special Civil Suit No. 700/2000.

( 2 ) IN order to appreciate the contentions raised in the present appeal, it is first necessary to appreciate the factual background. The facts so far they are relevant and pertinent to the decision in the present appeal are not in dispute.

( 3 ) THE present appellant as the plaintiff filed Regular Civil Suit No. 1395/98 before the trial court. It is pertinent to note that in the said suit the appellant-plaintiff had not sought any decree for any declaration whatsoever. The only relief sought in the said suit was for a permanent prohibitory injunction seeking to restrain the defendant of that suit (the present respondent) from disturbing the possession of the appellant-plaintiff in respect of the suit property, and/or from dispossessing the appellant-plaintiff. As against the aforesaid suit, the present respondent as plaintiff had filed Special Civil Suit No. 700/2000, firstly for a declaration that he was the owner of the suit property and therefore entitled to ret