CAV Judgment

1. This is plaintiff’s Second Appeal filed under Section 100 of the C.P.C. challenging the judgment and decree dated 21.11.2012 passed by the learned Second Additional District Judge, Mahasamund District – Mahasamund (C.G.) in Civil Appeal No. 71A/2010, by which learned Second Additional District Judge has allowed the appeal filed by defendant No. 1 and set aside the judgment and decree dated 11.03.2010 passed by the First Civil Judge, Class –I, Mahasamund, District – Mahasamund in Civil Suit No. 49-A/2009.

2. The appeal was admitted on 07.12.2021 on the following substantial questions of law :-

A. Whether the Courts below erred in dismissing the plaintiff’s claim by disbelieving the demarcation report (Ex.P/1) submitted by the Revenue Inspector under Section 129 of the Chhattisgarh Land Revenue Code, 1959 ?

B. Whether the reasons as assigned by the lower appellate Court while rejecting the application filed on 16.11.2010 under Order 26 Rule 9 CPC read with Order 41 Rule 27 CPC is sustainable ?

3. For the sake of convenience, the parties shall be referred to in terms of their status shown in Civil Suit before the trial Court.

4. The plaint averments, in brief, are that