Sibghat Ullah Khan, J. - (1.) HEARD learned counsel for the appellant as well as Shri M.K. Gupta, learned counsel for the respondents.
(2.) IN this Second Appeal on 19.12.2011 following order was passed: This fresh appeal was heard in admission before lunch and I was of the tentative opinion that suit was cognizable before the Civil Court and the Civil court had wrongly rejected the plaint under Order 7 Rule 11 C.P.C. hence appeal deserved admission. I also gave a particular suggestion to the learned counsel for both the parties for settlement of the dispute and the matter was postponed till after lunch. Now after lunch Shri M.K.Gupta, learned counsel for the respondents who has appeared through caveat states that the case may be taken up as fresh on 21.12.2011 in order to enable him to consult his client and make some statement regarding final disposal of appeal. Accordingly, put up on 21.12.2011 as fresh. This is plaintiff's Second appeal arising out of Original Suit No.1117 of 2008. Additional Civil Judge (Junior Division), Court No.7, Mathura through judgment and decree dated 2.9.2009 rejected the plaint under Order 7 Rule 11 C.P.C. Against the said judgment and decree plaintiff filed Civil Appeal No.39 of 2009 which was dismissed by Additional District Judge, Court No.2, Mathura on 12.10.2011 hence this Second Appeal.
(3.) ON 19.12.2011 I was of the opinion that following substantial question of law was involved in the Second Appeal: -;