IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL SECOND APPEAL No. 386 of 2006 SHANTILAL & ORS V/S THE MUNICCIPAL COUNCIL UDAIPUR Mr. RAJAT DAVE, for the appellant / petitioner Date of Order : 8.8.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the appellant, perused the impugned judgements and the record of the learned Courts below. I have also read the statement of the plaintiff, P.W.1. True it is that the learned trial Court has considered the material produced on behalf of the defendant also, while it was contended that since the defendant has not filed any written-statement, the defendant could not lead any evidence. Without going into this question, the fact does remain that the learned lower Appellate Court has decided the appeal only by appreciating the evidence of the plaintiff himself, and has found the plaintiff to have failed to prove the lane to be belonging to the inhabitants of the Gawadi. In my view, the finding is a pure finding of fact, and is not vitiated on any of the grounds available under Section 100 CPC. The appeal thus, does not involve any substantial question of law. The same is, therefore, dismissed summarily. ( N P GUPTA ),J. /tarun/