Appellant Plaintiff HIGH COURT OF CHHATTISGARH AT BILASPUR S. A. N0.230/2011 Ashok Kumar Ubrani S/o Shri Sewak Ram Ubrani, 59 yrs, ^o Torwa, Tah. & Di.st. Bilaspur (C.G.) Versus Respondent Defendant Shri Ramchandra Gangwani, S/o Tirathdas Gangwani, 36 yrs, R/o Near Dr. Pendalyars Nursing Home, Torwa, Bilaspur, Distt. Bilaspur (C.G.) SECOND APPEAL UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, 1908. (SB :Hon'ble Mr. T.P.Sharma, J.) Present : Mr. Prafull N. Bharat, Advocate for the appellant. Respondent not noticed. JUDGEMENT (Passedon 23/09/2011) Heard on I.A. No. 1, application for taking documents on record. On due consideration, I.A. No. 1 is allowed. Documents are taken on record. 1. 3. 4. 5. By this second appea! under Section 100 of the Civil Procedure Code, 1908 appellant has challenged the legality and propriety of the judgment and decree dated 28/4/2011 passed by 5th Additional District Judge, Bilaspur in Civil Appeal No. 03-A/2011 affirming ihe judgment/order of dismissal of suit dated 26/ 11/2010 passed by 8th Civil Judge Class-2, Bilaspur in Civil Suit No. 06-A/10 on the ground that after alienation of the property to other persons, suit was without cause of action. Mr. Prafull N. Bharat, Advocate for the appellant is heard. Both the judgments impugned, record of both the Courts below, copy of plaint and copy of application filed under Order 1 Rule 10 of the Civil Procedure Code for impleading purchaser as a party filed on behalf af'appellant/plaintiff perused. As per plaint allegation, property is open land and is not agricultural land or any oAer land from which some income may be derived. «a-^'.4' '<t^:' .^' ^s^g^ © Original purchaser has not filed any application for impleading themselves as a party after alienation by plaintiff/appellant, no cause of action survive in favour of appellant. ^^ 6. Consequently, by dismissing the suit and appeal, both the Courts below have not committed any illegality, I do not find any substance or any substantial question of law for decision of this second appeal, same is liable to be dismissed and is hereby dismissed. However, judgment and decree passed by Court below or this order will not affect the rights and obliga^ions of the purchaser who were not party in the suit. No order as to costs. Sd/- T.P.Sharma Judge v