1 S.B. CIVIL SECOND APPEAL NO.93/1984 (Chain Roop Vs. Labhchand & Ors.) Date of Order : 10.09.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Ramit Mehta, for the appellant. Mr. R.K. Mehta, for the respondent No.2. This second appeal has been filed by plaintiff- appellant Chain Roop against the judgment and decree passed by learned Civil Judge, Churu dated 16.4.1984 in appeal No.6/83 whereby the learned Civil Judge, Churu allowed the appeal filed by Labhchand against the judgment and decree dated 11.09.1979 in Civil Suit No.91/70. This appeal was filed in the year 1984 and after issuance of notice upon all the respondents, notice upon respondent No.1 – Labhchand was not served inspite of granting number of opportunities. Vide order dated 10.07.2009, appeal against the respondent No.1 – Labhchand was dismissed. Now, in this second appeal, the appellant is challenging the judgment rendered by Civil Judge, Churu dated 16.4.1984 passed in appeal filed by Labhchand and vide order dated 10.7.2009, this appeal was dismissed against Labhchand, 2 therefore, obviously, the judgment of appellate Court which is under challenge in this appeal shall remain in existence. Further, no appeal was filed by Municipal Board, Rajgarh and the State Government before the first appellate Court against the judgment and decree passed by trial Court dated 11.09.1979. Meaning thereby, the Municipal Board, Rajgarh and the State Government are not aggrieved by judgment and decree passed by trial Court In this view of the matter, this appeal is dismissed. (Gopal Krishan Vyas), J. arun/