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DWARKA DHISH BANSAL
Barelal – Appellant
Versus
Deendayal – Respondent
ORDER
1. Heard on I.A. No.11423/22, which is an application for leave to file second appeal.
2. Learned counsel for the appellant Barelal submits that despite being necessary party to the civil suit No.1A/13 and civil appeal No.16-A/14, he was not made party to the lis and the respondents 1-6 by impleading the respondent 7/State as party, have got decreed the suit for declaration of title and permanent injunction with regard to agriculture land Khasra no.239/1 area 1.226 Hectare situated in Village Guraiya, Tahsil and District Chhatarpur, from the first appellate Court, whereas civil suit no.1A/13 was dismissed by 3rd Civil Judge Class-II, Chhatarpur.
3. By showing the order dated 17.7.2012 passed by Commissioner, Sagar Division, Sagar in appeal No.219/A/6/2008-2009 (Deendayal and others vs. Barelal) and another order dated 18.9.2007 passed by Tahsildar, Tahsil Chhatarpur and further by showing the judgment and decree dated 25.6.2014 passed by Additional Civil Judge to the Court of 1st Civil Judge Class-II, Chhatarpur in civil suit No.25-A/13 (Barelal Luhar vs. Gokul Bajpai and others), learned counsel for the appellant submits that appellant-Barelal was necessary party to the civil s
Making of decree for permanent prohibitory injunction - First appellate Court shall proceed to make, a fresh decision, in accordance with law, upon Civil Appeal within four months thereafter.
The High Court affirmed that findings of fact by the First Appellate Court are binding unless substantial questions of law arise, emphasizing the limited jurisdiction under Section 100 CPC.
The court emphasized that necessary parties must be included in a suit to ensure complete adjudication, correcting the trial court's error in dismissing the petitioner's application for impleadment.
A party's claim to land title cannot be dismissed merely based on the time of filing under statutory provisions, which must account for the merits of the case.
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