- (1.) Leave granted.
(2.) This appeal by North Eastern Railway Administration arises out of orders dated 17th July, 2002 and 14th June, 2005 passed by the High Court of Uttaranchal. By the first impugned order, the second appeal, preferred by the appellant, was dismissed on the ground that no substantial question of law arose for consideration of the Court. By the same order, the High Court has dismissed one of the applications' filed by the appellant under Order 6 Rule 17 of the Code of Civil Procedure, 1908 (for short 'C.P.C.'), seeking leave to amend the written statement, on the ground that such an application cannot be entertained in the second appeal. An application preferred by the appellant for review of order dated 17th July, 2002 has been dismissed vide latter order dated 14th June, 2005.
(3.) In order to appreciate the issue, requiring determination, a few material facts may be stated: The respondent herein instituted a suit for perpetual prohibitory injunction against the appellant herein, restraining them from interfering in his possession and cultivation of crop on plot bearing Nos.129 and 131 situated in village Bhajanpura, Tehsil and District Champawat. The suit was contested by the appellant on the ground that after acquisition, the suit land had been transferred to them by the Government.;