Hon'ble Rajnish Kumar,J.

1. Heard Sri Vimal Srivastava, learned Additional Advocate General

assisted by Sri S.K. Khare, learned Standing Counsel for the appellant

and Sri Satendra Nath Rai, learned counsel for the respondents.

2. This second appeal, under Section 100 of Civil Procedure

Code(hereinafter referred to as CPC), has been filed against the

judgment and decree dated 16.04.1982 passed by the 1^st Additional

District Judge Kheri in Civil Appeal No.152/1980, by means of which

the appeal has been dismissed upholding the judgment and decree

dated 09.09.1980 passed by the VI^th Additional Munsif, Lakhimpur

Kheri in Regular Suit No.154/1977(Surjan Singh & 3 Ors. Versus

Divisional Forest Officer, North Kheri).

3. The following substantial questions of law have been formulated in

this appeal:-

“(a) Whether the suit filed by the plaintiff bearing No.154/1977 seeking a decree

of permanent injunction was maintainable on the facts as pleaded giving rise to

any subsisting cause of action?

(b) Whether the suit of the plaintiff for permanent injunction was maintainable

especially when the notification under Sections 4 and 20 of the Indian Forest Act,

1927 was issued in the year 1966 and 1970