Vineet Kothari, J. - (1.) This Second Appeal filed by the defendant No. 1-Mining Engineer is arising out of the Judgment and Decree dated 19.7.2010 passed by the learned Additional District Judge, Gulabpura, District-Bhilwara in Civil Regular Appeal No. 8/2008 "Madan Singh v. Mining Engineer & Ors. " who allowed the appeal filed by the plaintiff-Madan Singh and set aside the Judgment and Decree dated 22.5.2008 passed by the learned Civil Judge (Senior Division), Gulabpura, Bhilwara in Civil Case No. 79/2002 "Madan Singh Choudhary v. Mining Engineer & Ors. " by which, the learned Civil Judge (Junior Division) had dismissed the suit filed by the plaintiff seeking permanent injunction against the respondent-defendant No. 1 in relation to the dispute of certain mining dues admittedly due against his wife, the defendant No. 3, Smt. Kamla Choudhary.
(2.) The present Second Appeal has been filed by the appellant-State Mining Department, who was one of the defendants before the learned two Courts below, against reversal of the findings of the learned Trial Court by the learned First Appellate Court in relation to the dispute, as aforesaid.
(3.) After framing of the relevant issues arising out of the plaint and written statement and after recording of the evidence, the learned Trial Court, by its Judgment and Decree dated 22.5.2008, found that when the plaintiff and his wife were living together, the plaintiff is equally liable to the pay the dues of his wife towards the Mining Department through attachment of the house in question which is sought to be put to auction by the Mining Department.;