The High Court declined the appellant's leave to appeal in a civil matter. It held that since the prior second appeal by the original parties was dismissed as lacking a substantial question of law, no leave to appeal can be granted to a subsequent purchaser.
Leave to appeal is declined and the same is rejected.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civ. Leave To Appeal No. 18/2018
Nirmal Singh S/o Banta Singh, Aged About 34 Years, B/c Jat Sikh, R/o Baruwala, Tehsil Raisinghnagar, District Sriganganagar.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. RDSS Kharlia
(2 of 2)
[CLA-18/2018]
HON'BLE MR. JUSTICE P.K. LOHRA
Order
06/12/2018
The second appeal filed by defendants Priyvrat and Kuldeep Kaur, bearing S.B. Civil Second Appeal No.217/2018, has already been dismissed as the same is found bereft of any substantial question of law, and therefore, the instant leave to appeal filed by Nirmal Singh, subsequent purchaser of property, cannot be entertained.
Resultantly, leave to appeal is declined and same is hereby rejected.
(P.K. LOHRA),J
2 issues framed by the court
Whether a leave to appeal filed by a subsequent purchaser should be entertained when the second appeal by earlier parties was dismissed.
Whether jurisdiction exists to entertain a leave to appeal under Article 136 of the Constitution of India in these circumstances.
Nirmal Singh
Priyvrat
Kuldeep Kaur
Lrs of Gyanchand
Ashok Kumar
Mehchand
P.K. LOHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
