RSA No.3271 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.3271 of 2011(O&M) Date of Decision: August 9, 2011 Partap Chand Sharma .....Appellant v. Ashok Sharma .....Respondent CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.S.P.Garg, Advocate for the appellant. ..... RAM CHAND GUPTA, J.(Oral) C.M.No.9041-C of 2011 Application is allowed subject to all just exceptions. RSA No.3271 of 2011 The present regular second appeal has been filed against impugned judgment and decree dated 18.4.2011, passed by learned first appellate Court, vide which appeal filed by present appellant-defendant against judgment and decree dated 14.12.2010 passed by learned Additional Civil Judge, Senior Division, Sonepat, passing final decree and against judgment and decree dated 10.8.2001 passing preliminary decree, was dismissed. I have heard learned counsel for the appellant and have gone through the whole record carefully including both the judgments passed by both the learned Courts below. Facts relevant for the decision of present regular second appeal RSA No.3271 of 2011(O&M) -2- are that a suit for partition of the property in dispute was filed by respondent-plaintiff against the present appellant, in which present appellant-defendant was proceeded ex parte vide order dated 19.7.2000 and an ex parte judgment and decree was passed against him and in favour of respondent-plaintiff on 11.8.2001. The order, vide which present appellant- defendant was proceeded ex parte, dated 19.7.2000 and an ex parte preliminary decree dated 11.8.2001 were challenged by present appellant- defendant by filing an application under Order 9 Rule 13 of the Code of Civil Procedure before learned trial Court, however, the said application was dismissed by learned trial Court vide order dated 29.10.2010. The said order was not challenged by present appellant-defendant by filing an appeal and hence, the said order has become final. Rather, the present appellant- defendant has filed a consolidated appeal for challenging judgment and decree dated 11.8.2001 and subsequent judgment and decree dated 14.12.2010, vide which final decree was passed in favour of respondent- plaintiff alongwith an application for condonation of delay, which was dismissed by learned first appellate Court by observing that when no appeal was filed against order dated 29.10.2010, the present appeal is not maintainable as the ex parte judgment and decree has become final. Hence, in view of these facts, it cannot be said that any illegality has been committed by learned first appellate Court in passing the impugned judgment and decree. Finding recorded by the lower appellate court is fully justified by the evidence on record and is supported by cogent reasons. The said finding is not shown to be perverse or illegal nor it is based on misreading or misappreciation of the evidence. Hence, the said finding does not warrant interference in this second appeal. No question of RSA No.3271 of 2011(O&M) -3- law, much less substantial question of law, arises for determination in this second appeal. Accordingly the appeal is dismissed in limine. 9.8.2011 (Ram Chand Gupta) meenu Judge