RUKHMANI BAI Vs. SAMARU

JUDGEMENT

(1.) The substantial questions of law formulated and to be answered in plaintiffs' second appeal are as under:--

(2.) Questioning the legal acceptability and sustainability of the impugned judgment and decree dated 28-1-2006 passed by Additional District Judge Dhamtari, District Dhamtari in Civil Appeal No. 142-A/2004, this instant second appeal has been preferred by the plaintiffs under Section 100 of the CPC, in which, substantial questions of law have been formulated as mentioned in opening paragraph of this judgment.

(3.) Mr. Awadh Tripathi, learned Counsel appearing for the appellants/plaintiffs would submit that the judgment and decree passed by two Courts below holding that the suit to be barred by Section 257(x) of the Code is perverse being contrary to well-settled law in that regard and finding with regard to identity of the land is perverse and judgment and decree of two Courts below are liable to be set aside.