Over 2 lakh Indian cases. Search powered by Google!

Case Details

ZILA PANCHAYAT, MEERUT THROUGH ITS CHAIRMAN versus BHIM SINGH & OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Zila Panchayat, Meerut Through Its Chairman v. Bhim Singh & Others - SECOND APPEAL No. 837 of 2005 [2005] RD-AH 7216 (8 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Heard learned counsel for the parties.

Leaned counsel for the appellant tries to raise a ground which has neither been raised before the trial court nor before the lower appellate court therefore, in these circumstances, he will not be permitted to raise for the first time before this Court. The another arguments is that since the plaintiff have sought declaration of his right qua the defendant whereas from the findings of the courts below it is found that neither the plaintiff is in possession nor defendant is in possession but some third person is in possession therefore, the suit for possession is not maintainable. From the plaint it is apparent that the relief of declaration was sought qua the defendant-appellant nor any third person.

In these circumstances, I do not find any ground for interference by this Court under Order 41 Rule 11 of the Code of Civil Procedure.

In view of what has been stated above, this appeal is dismissed.

Dated: 8.12.2005.

HR/SA-837/2005.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.