TEERATH SINGH Vs. SAMMAR

JUDGEMENT

(1.) This second appeal preferred by the appellant/plaintiff was admitted for hearing on the following two substantial questions of law :-

(2.) The dispute herein is between the son plaintiff and the father defendant No. 1. Plaintiff filed a suit for declaration of joint ownership of the suit property and thereby, restraining defendant No. 1 from alienating the said suit property without his consent.

(3.) Learned trial Court, after appreciating the oral and documentary evidence on record, by its judgment and decree dated 22/10/2008, dismissed the suit on merits against which the plaintiff preferred a first appeal before the first appellate Court along with the application under Order 1 Rule 10 CPC and Order 41 Rule 27 CPC. Learned first appellate Court, by its impugned judgment and decree dated 10/08/2010, framed three points for determination in paragraph 7 and thereafter considered the application under Order 41 Rule 27 CPC and in just another paragraph dismissed the said applications filed by the plaintiff and consequently, dismissed the appeal as well. Questioning the impugned judgment and decree passed by the first appellate Court, this second appeal has been preferred by the appellant/plaintiff under Section 100 of the CPC in which two substantial questions of law have been framed and set out in the opening paragraph of this judgment.