1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. JUDGMENT Smt. Chhoti Devi Vs. The Mayor, Nagar Nigam, Jaipur & anr. (S. B. Civil Second Appeal No.496/2009) S. B. Civil Second Appeal under Section 100 C.P.C. against the judgment and decree dated 30th May, 2009 passed by the Additional District Judge (Fast Track) No.6, Jaipur City, Jaipur in Civil Regular Appeal No.22/2009, whereby he upheld the judgment and decree dated 20th April, 2009 passed by the Additional Civil Judge (Jr. Div.) No.4, Jaipur City, Jaipur in Civil Suit No.1/2005. Date of Judgment: August 06, 2010 PRESENT Hon'ble Mr. Justice R. S. Chauhan Mr.Bhupendra Pareek, for the appellant. BY THE COURT: Aggrieved by the judgment and decree dated 20th April, 2009, passed by the Additional Civil Judge (Junior Division) No.4, Jaipur City, Jaipur, whereby the learned Civil Judge has dismissed the suit for declaration and permanent injunction filed by the plaintiff-appellant, and also aggrieved by the judgment and decree dated 30th May, 2009, passed by learned Additional District Judge (Fast Track) No.6, Jaipur City, Jaipur, whereby the learned Judge has dismissed the appeal 2 filed by the appellant-plaintiff, and upheld the judgment and decree dated 20th April, 2009, the appellant has challenged both the judgments and decrees in this second appeal. The entire question before this Court is with regard to the actual date of birth of the plaintiff-appellant. Since the entire case is with regard to the question of fact, there is no substantial question of law which is involved in this Second Appeal. Therefore, this second appeal is not maintainable. With the above observations, the second appeal is, hereby, dismissed as not maintainable. (R.S. CHAUHAN) J. Manoj solanki