- (1.) This is defendants' appeal filed under Section 100 of the Code of Civil Procedure, 1908, against the judgment and decree dated 31.3.2006 rendered by the learned Additional District Judge, Jhajjar. The learned first Appellate Court has reversed the judgment and decree, dated 10.12.2001, passed by the learned Civil Judge (Senior Division) Jhajjar, whereby the suit for declaration filed by the plaintiff-respondents was dismissed.
(2.) It is apposite to mention that after noticing the factual position and hearing the rival contentions of the parties, this Court came to the conclusion that no substantial question of law arises in the present appeal and the same was accordingly dismissed vide order dated 14.7.2006. Thereafter, the defendant-appellants filed SLP No. 16370 of 2006, which was converted into Civil Appeal No. 6153 of 2008. On 17.10.2008, their Lordships' of Hon'ble the Supreme Court passed the following orders: " In this case, R.S.A. No. 2573 of 2006 filed by the appellants herein came to be dismissed by the High Court in limine under an erroneous impression as if there was a concurrent finding by two courts below. This is factually erroneous. The trial court had dismissed the suit filed by respondent no. 1. The said suit was, however, decreed by the lower appellate court in first appeal. For the afoorestated reasons, the impugned order is set aside. R.S.A. No. 2573 of 2006 stands restored to the file of the High Court for consideration in accordance with law."
(3.) After hearing learned counsel for the parties, I am of the opinion that the only correction which needs to be made in the order dated 14.7.2006 passed by this Court is in that part where this Court has recorded that " Both the courts decreed the suit of the plaintiff-respondent and the appellants have now filed this regular second appeal against the judgments and the decrees of the courts below." It should be construed to read that the trial Court had dismissed the suit of the plaintiff-respondents whereas the first Appellate Court had decreed the suit by allowing the appeal preferred by the plaintiff-respondents on the ground that the consent decree required registration.;