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2022 DIGILAW 1396 (MP)

Barelal v. Deendayal

2022-11-29

DWARKA DHISH BANSAL

body2022
ORDER 1. Heard on I.A. No.11423/22, which is an application for leave to file second appeal. 2. Learned counsel for the appellant Barelal submits that despite being necessary party to the civil suit No.1A/13 and civil appeal No.16-A/14, he was not made party to the lis and the respondents 1-6 by impleading the respondent 7/State as party, have got decreed the suit for declaration of title and permanent injunction with regard to agriculture land Khasra no.239/1 area 1.226 Hectare situated in Village Guraiya, Tahsil and District Chhatarpur, from the first appellate Court, whereas civil suit no.1A/13 was dismissed by 3rd Civil Judge Class-II, Chhatarpur. 3. By showing the order dated 17.7.2012 passed by Commissioner, Sagar Division, Sagar in appeal No.219/A/6/2008-2009 (Deendayal and others vs. Barelal) and another order dated 18.9.2007 passed by Tahsildar, Tahsil Chhatarpur and further by showing the judgment and decree dated 25.6.2014 passed by Additional Civil Judge to the Court of 1st Civil Judge Class-II, Chhatarpur in civil suit No.25-A/13 (Barelal Luhar vs. Gokul Bajpai and others), learned counsel for the appellant submits that appellant-Barelal was necessary party to the civil suit in question and the judgment and decree dated 26.11.2014 passed in civil appeal no.16A/14 is not binding on the appellant. 4. As per Office report, this second appeal has been filed with the delay of 167 days, which in the existing facts and circumstances of the case, is hereby condoned. 5. It is well settled that a person who is not party to the litigation is not bound by the judgment and decree, if any, passed by any Court, therefore, without entering into the merits and demerits of the claim of the appellant Barelal, it is directed that the judgment and decree dated 26.11.2014 passed in civil appeal No.16A/14 which arose out of judgment and decree dated 28.3.2014 passed in civil suit no.1A/13 shall not bind the appellant. 6. With the aforesaid observation, the second appeal is disposed off and further the appellant is at liberty to file appropriate proceedings before appropriate forum with regard to his rights/possession.. 7. Pending application(s), if any, shall stand disposed off.