Bheem Sen and Others vs State of Rajasthan and Others

Narendra Kumar Jain, J.—Heard the learned Counsel for Appellants.

Plaintiffs filed a suit for cancellation of decree of eviction dated 22.1.2001 passed by Civil Judge (Junior Division), Alwar in Civil Suit No. 58/1992 on the ground that same has been obtained with fraud. Learned trial court did not register the suit and dismissed the same as not maintainable vide its order dated 12.11.2008 for the reasons that not only the first appeal was dismissed on 16.12.2004 against judgment dated 22.1.2001, but second appeal No. 63/2005 was also dismissed on 30.10.2007 by High Court granting time to plaitiffs/tenants to hand over vacant and peaceful possession of the rented premise upto 31.3.2009. The order in second appeal was passed with the consent of both the parties. Trial Court also observed that suit is not maintainable as per provisions of Order 2 Rule 2 CPC . Since, no decree was prepared, therefore, order dated 12.11.2008 was not appealable, but regular first appeal was filed, which was also dismissed. In these circumstances, this second appeal is also not maintainable. Even otherwise, no substantial question of law is involved in this second appeal so as to entertain it. Therefore, second appeal is dismissed.