- (1.) This second appeal has been filed by the defendantsappellants under Section 100 of CPC against the judgment and decree of first appellate court dated 20.05.2010 in Appeal No.18/10 whereby the learned first appellate court has dismissed the appeal while upholding the judgment and decree rendered by learned trial court dated 16.01.2010 in Civil Original Suit No. 38/06 (107/03) by which learned trial court decreed the suit filed by the plaintiffsrespondents for permanent injunction.
(2.) The only point, which has been pressed in the present second appeal by the learned counsel for the appellants-defendant is that on the basis of Section 26 of the Rajasthan Court Fees & Suit Valuation Act, according to which suit for injunction where relief sought is with reference to any immovable property and where the plaintiff alleges that his title to the property is denied, the court fees shall be computed on one-half of the market value of the property or Rs.300/-, whichever is higher. Learned counsel for the appellants- defendants submitted that though in this respect, Issue No.4 was framed, however, the courts below have not considered this Section 26 of the Act. However, learned counsel for the appellant fairly submits that even though the said issue was framed, however, said argument with respect to Section 26 of the Act was not raised before the courts below. The learned court below have decided such issue in favour of plaintiff and decided the suit on merits and decreed the same.
(3.) Having heard learned counsel for the appellant and upon perusal of the impugned judgment and decree passed by the courts below, this Court is of the opinion that since the said argument was not raised before both the courts below, the same cannot be said to be a substantial question of law arising from the impugned judgments. The court fees for injunction suit was duly paid by the plaintiff. This Court is of the opinion that no interference is called for in the judgment and decree of first appellate court upholding the judgment and decree passed by learned trial court. In considered opinion of this Court, no substantial question of law arises in the present second appeal.;