1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 352 OF 2008 (Sau. Laxmibai Gajanan Waghmare & Anr. vs. Charandas Mahadeo Lakhote & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 28, 2009. Heard Shri Dhawas, learned counsel for appellants and Shri Mahakale, learned counsel for respondent No.1. The matter was also heard yesterday and was adjourned to today. The appellants did not file any written statement before the trial Court and did not cross examine the respondent – plaintiff. The trial Court, therefore, accepted the affidavit of the plaintiff and decreed the suit for recovery of possession. Before lower appellate Court, the grievance was made against one advocate but then the grievance does not contain any particulars so as to substantiate it. The lower appellate Court has, after appreciating the arguments advanced, sustained the judgment and decree of trial Court. Thereafter this Second Appeal has been filed. 2 In Second Appeal effort is to point out substantial questions of law as provided in memo of appeal. It is apparent that fact that the allegations against the advocate are not substantiated is lost sight of and on merits certain questions of law are sought to be raised by presuming the probable defence to be correct. As there was no defence on merits either before the trial Court or before the lower appellate Court, such defence cannot be considered in Second Appeal and no substantial question of law arises on that count. The appellants were specifically asked to point out any question of law in relation to their grievance against the advocate. But then no question of law has been urged during the course of arguments. In the circumstances, no case is being made out warranting any interference. Second Appeal is dismissed. No costs. JUDGE *GS.