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2021 Supreme(All) 1708

JASPREET SINGH
Gomti Prasad – Appellant
Versus
Shiv Murat – Respondent


Advocates:
Advocate Appeared:
For the Appellants : H.S. Sahai, U.S. Sahai.
For the Respondent: D.K. Misra.

JUDGMENT :

JASPREET SINGH, J.

1. This is the defendant's second appeal under Section 100 C.P.C. against the judgment and decree dated 20.10.1984 passed by 4th Additional District Judge, Gonda in Civil Appeal No. 148 of 1979 whereby the Lower Appellate Court has reversed the judgment and decree passed by the First Additional Munsif, Gonda in Regular Suit No. 15 of 1974 as a result, the suit of the plaintiff-respondents which was dismissed by the Trial Court has been decreed by the Lower Appellate Court.

2. The defendant being aggrieved against the judgment of reversal has preferred the instant second appeal which was admitted by means of order dated 25.01.1985. Though, at the time of admission, the substantial question of law was not framed, however, the order of admission reads as under:

    “Admit in view of the substantial question of law relating to jurisdiction of Civil Courts and Revenue Courts which has been referred to a Full Bench in Writ Petition No. 1732 of 1981. The instant appeal shall be listed after decision of the Full Bench.”

3. In view of the aforesaid, the Court required the learned counsel for the appellant to urge on the substantial questions of law involved in the insta

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