Raj Mohan Singh, J. - (1.) INSTANT Regular Second Appeal was filed under Section 41 of the Punjab Courts Act. In view of Full Bench judgment of this Court in Ganpat vs. Smt. Ram Devi and others, 1977, PLR Page I framing of question of law was having no effect on the maintainability of the appeal. However, in view of amendment of Section 100 CPC, framing of substantial question of law is sine qua non for maintaining regular second appeal in this Court. Prior to amendment, the appeal could have been filed on the ground set out in clause (a) to (c) of Section 100(i) CPC. Now second appeal requires substantial question of law to be framed and thereafter inference can be made, because inference cannot be made only because the order is contrary to law, but when the disputed issues raise a substantial question of law limiting such a power in the Appellate Authority based on public policy having roots in the maxim of "interest reipublicae ut sit finis litium".
(2.) ADHERING to the aforesaid requirement, this Court considers that following substantial questions of law can be formulated in this regular second appeal for consideration: - 1. Whether correction of khasra girdawari by the Revenue Officer is worth acceptance when the civil Court is seized of the matter, particularly when filing of suit takes place after notice issued by the Revenue Officer and appearance of the plaintiff therein? 2. Whether relief of permanent injunction is an equitable and discretionary relief which can be denied in case plaintiff is proved to have not come to the Court with clean hands? Defendant/appellant is in second appeal against the judgment and decree dated 04.08.1989 whereby Lower Appellate Court accepted the appeal of plaintiff/respondent against the judgment and decree dated 08.03.1989 passed by the trial Court and decreed the suit in appeal.
(3.) PLAINTIFF /respondent filed suit for permanent injunction against the defendant/appellant in respect of land comprised in Rect. 14//Killa No. 20 Min (4 -0) situated in the revenue estate of village Kapurgarh, Tehsil Amloh, District Patiala.;