MAHENDRA DAYAL, J. - (1.) I have heard the learned counsel for the parties and the appeal is being finally disposed of at the admission stage with the consent of the learned counsel for the parties.
(2.) THE short question involved in the second appeal is as to whether in a case where the defendant prefers a counter claim and his counter claim is allowed and the suit is dismissed, the aggrieved party will have to file two separate appeals or filing of only one appeal would be sufficient.
(3.) THE plaintiff -appellant had filed a suit for permanent injunction against the respondent in the court of Civil Judge (Senior Division) Faizabad. The plaintiff -appellant had impleaded two defendants in the original suit, one is the respondent who is sole respondent here and the other was Ram Udar Das who died after filing of the written statement. During the pendency of the suit the present respondent filed a counter claim for the relief of cancellation of the registered document dated 9.2.1999 executed in favour of the plaintiff/ appellant no.2. The learned trial court by the judgment and decree dated 26.5.2007 dismissed the suit for permanent injunction but allowed the counter claim cancelling the said registered documents dated 9.2.1999 executed in favour of the plaintiff/appellant no.2. Being aggrieved by the aforesaid judgment and decree the plaintiff/appellant no.2 preferred a Civil Appeal No. 34 of 2007 challenging the impugned judgment and decree by which his suit for permanent injunction was dismissed and counter claim of the respondent was allowed. The learned appellate court without going into the merits of the case dismissed the appeal on technical ground that against the impugned judgment and decree the plaintiff/ appellant no.2 should have filed two separate appeals one against the cancellation of suit of permanent injunction and the other against which the counter claim was allowed. It was also found that the plaintiff/appellant filed the appeal against the dismissal of the suit for permanent injunction did not file the appeal against the judgment by which counter claim was allowed and has not paid court fees in respect of the appeal, if any, filed against the decree of counter claim.;