KM. SHREYA VIDYARTHI Vs. ASHOK VIDYARTHI

JUDGEMENT

(1.) The present appeal has been filed under section 97 of Civil Procedure Code challenging the judgment dated 8.7.2016, as well as final decree for partition dated 6.8.2016, passed by the Additional District Judge, Court No.23, Kanpur Nagar in Original Suit No.630 of 1978.

(2.) An application has been filed by the plaintiff-respondent under Chapter VIII Rule 24 of the Rules of the Court for summary determination of appeal. It is contended that that the questions urged in this appeal have already been decided by this Court. It is emphasized that determination by this Court has attained finality with the dismissal of Civil Appeal No.3162-3163 of 2010, on 16.12.2015. Contention is that same issues are again being urged by the defendant-appellant, which is not permissible in law.

(3.) In order to examine the issue, facts relevant for the present purposes, needs to be noticed first.