AI Structured Summary
Not yet generated for this judgment
Judgment
P.C. Pant, J.—This appeal was filed before the Allahabad High Court in the year 1991 and received by transfer to this Court under U.P. Re-organisation Act, 2000.
This case is listed today for admissions/orders.
Perusal of the impugned order shows that learned lower Court has decided misc. civil appeal No. 89 of 1990 u/s 104 read with Order 43, Rule 1 of the CPC as it was an appeal before lower appellate Court against the order of the trial Court whereby application for temporary injunction was rejected.
Second appeal u/s 100 of the Code of Civil Procedure, 1908 is maintainable only against the decrees passed by lower appellate Court in an appeal passed against the decree passed by the trial Court. In the present case no decree has been passed either by the trial Court or by the lower appellate Court. As such no second appeal is maintainable u/s 100 of the Code of Civil Procedure, 1908.
The appeal is dismissed in limine as not maintainable at the stage of admission.