Heard learned counsel for the appellant.
Admit.
Issue notice to the respondent.
Let counter affidavit be filed within six weeks. Rejoinder affidavit may be filed within two weeks.
List thereafter.
Following substantial questions of law arise for consideration in the present case.
(1) Whether the First Appellate Court can set aside the judgment and decree of the trial court, who given categorical findings that plaintiff's suit was barred by provision of Section 29 of State Financial Corporation Act and Section 38 and 41 of Specific Act, the suit itself was not maintainable. Can the First Appellate Court create jurisdiction to enter into such dispute and adjudicate upon the same?
(2) Whether if plaintiff's suit for permanent injunction against the appellant is found not legally maintainable by the trial court the First Appellate Court can allow the appeal on merits?
Till then, effect and operation of the impugned judgment and decree dated 19.09.2009 passed by Additional District Judge, court no.3, Buadun in Civil Appeal No.27 of 2006, Rakesh Kumar Mishra Vs. U.P. Financial Corporation and Others shall remain stayed.
Order Date :- 18.1.2010 pks