VIJAY PRAKASH Vs. JANKIBAI

JUDGEMENT

(1.) WHILE hearing this Second Appeal on the substantial question of law framed on 7-1-1986, learned counsel appearing for the appellants raised an objection that the Cross-objection filed by the Respondents/plaintiffs invoking the provisions of Order 41, Rule 22, Civil Procedure Code (hereinafter referred to as the C. P. C.), is not liable to be looked into for want of processing it in accordance with the procedure contemplated under Rule 11 of Order 41 and framing substantial question of law as required to be framed in regular Second Appeal under Order 42, Rule 2 read with section 100.

(2.) THIS gave rise to determine:

(3.) BARE reading of Order 41, Rule 1 postulates that the entire Order 41 is applicable to appeals from original decrees, i. e. First Appeals, and not to Second Appeals. However, turning to the pages towards the provisions of Order 42, Rule 1, C. P. C. envisages that - 'the Rules of Order 41 shall apply, so far as may be, to appeals from appellate decrees. " As such by virtue of Order 42, Rule 1 provisions of Order 41 are made applicable to Second Appeals as well.