Sudhir Agrawal, J. - (1.) HEARD Sri. K.R. Sirohi, learned Senior Advocate, assisted by Sri. Yogesh Kumar Singh, Advocate for appellant and perused the record. This is a defendant's second appeal filed under section 100 C.P.C. The plaintiffs' Original suit No. 75 of 1977 for partition was decreed by Trial Court vide judgment dated 24.08.1981 and defendant -appellant's Civil Appeal No. 296 of 1981 having been dismissed by VII Additional District Judge, Meerut, this second appeal has been come to this Court.
(2.) IT is contended on behalf of appellant that procedure laid down under Section 331 -A of U.P. Zamindari Abolition and Land Reforms Act, 1951 (hereinafter referred to as the "Act, 1951") having not been followed the proceedings were barred and this is a substantial question of law involved in this matter. However, from perusal of the judgments of courts below I find that no such issue was raised before Trial Court but at the level of Lower Appellate Court this question was raised and Lower Appellate Court has found that there was no such issue raised in pleadings, i.e., written statement, therefore, Section 331 -A of Act, 1951 has no application.
(3.) BEFORE this Court also I request learned counsel for appellant to show as to how this question was raised in pleadings. The copies of plaint as well as written statement are placed before this Court, which do not show any such question having been raised about attracting Section 331 -A. Hence it cannot be said that this question has arisen in this matter. There is no other question of law arisen in this matter.;