HI GH COURT OF UTTARAKHAND AT NAI NI TAL Second Appeal No. 90 of 2016

16^th December, 2025 Swami Omkarananda Dharma Samsthan Through Its President Swami Vishveshwarananda --Appellant Versus Nagar Panchayat Devprayag and others --Respondents Present:-

Mr. Narendra Bali, learned counsel for the appellant.

Mr. Davesh Bishnoi, learned counsel for the respondent no. 1, Hon'ble Rakesh Thapliyal, J.

The instant second appeal has been preferred by the appellant against the judgment and decree dated 20.11.2001, passed by the learned Civil Judge (Sr. Div.) Pauri Garhwal, in O.S. No. 01 of 2001, Swami Omkaranand vs. Nagar Panchayat, Devprayag and others, whereby the suit filed by the plaintiff/appellant was dismissed. Against judgment and decree, passed by the learned Civil Judge (Sr. Div.), Civil Appeal No. 36 of 2013 was filed, however, the same was also dismissed on 20.11.2001 and the same is also being challenged in the instant second appeal.

2. The instant second appeal was admitted on 13.06.2016 on the following substantial question of law:-

(i) Whether an advocate engaged for representing the plaintiff without there being any power of attorney in his favour and any instruction to appeal as a