1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : Ajmer Vidyut Vitran Nigam Ltd. & Others Vs. Ramesh Marbles (S.B. Civil Second Appeal No.311/2009) DATE OF JUDGMENT : November 10, 2010 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS __________________________________________ Mr. Ravi Bhansali for the appellants. BY THE COURT : In this second appeal filed by defendant-appellant, the judgment and decree dated 07.07.2009 passed in Civil First Appeal No.8/09 by Addl. District Judge (Fast Track), Parbatsar is under challenge, whereby, the first appellate Court reversed the judgment and decree dated 16.01.2006 passed by the Civil Judge (Sr. Dn.), Makrana (District Nagaur) in Civil Suit No.15/2000. Contention of learned counsel for the appellant in this second appeal is that the first appellate Court has committed an error while reversing the finding of the trial Court because the learned trial Court has rightly adjudicated the matter and gave finding that the suit is not maintainable before exhausting the 2 remedy before the Settlement Committee of the appellant department, therefore, the judgment of the appellate Court deserves to be quashed. A pointed query was made to learned counsel for the appellants whether such objection was taken in the written statement filed before the trial Court, then, it is replied that no reply was filed before the trial Court by the appellant Vidyut Vitran Nigam. Upon this statement, I have perused the judgment passed by the trial Court. It is very strange that no issue with regard to maintainability of the suit or exhausting remedy available in the department was framed, therefore, learned appellate Court reversed the finding and decreed the suit. In my opinion, no error has been committed by the learned lower appellate. More so, learned first appellate Court has rightly decreed the suit of the plaintiff-respondent. In view of the aforesaid, no substantial question of law emerges in this second appeal for consideration. Accordingly, this appeal is hereby dismissed. (Gopal Krishan Vyas) J. Ojha, a.