High Court of Judicature at Allahabad
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Zila Panchayat, Meerut Through Its Chairman v. Bhim Singh & Others - SECOND APPEAL No. 837 of 2005  RD-AH 7216 (8 December 2005)
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.
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