1. The present second appeal u/s.100 of the Code of Civil Procedure has been preferred by the appellants herein - heirs of original plaintiff to quash and set aside the impugned judgement and order dated 09/05/1997 passed by learned Principal District Judge, Kuchchh-Bhuj in Regular Civil Appeal No.34 of 1993, by which, learned Appellate Court has allowed the said appeal preferred by the appellants herein and has quashed and set aside the judgement and decree dated 17/03/1993 passed by learned Joint Civil Judge (J.D.), Bhuj in Regular Civil Suit No.229 of 1985, by which, learned Trial Court decreed the suit filed by the original plaintiff.
2. At the outset, it is required to be noted that the present second appeal is under section 100 of the Code of Civil Procedure and unless and until any substantial question of law arises, the same is not required to be entertained. It is also required to be noted that while admitting the present second appeal, learned Single Judge has not framed any substantial questions of law and it itself shows that the present second appeal could not have been admitted by this Court. Be that as it may, Mr.Mankad, learned advocate appearing on behalf of the appellants herein - heirs of original plaintiff is not in a position to point out any substantial questions of law arise in the present second appeal. On the aforesaid ground alone, the present Second Appeal deserves to be dismissed and is accordingly dismissed. No costs.
[M.R.SHAH,J] *dipti